1683604867 Fresco Ext n It
1683604867 Fresco Ext n It
FRESCO
SOUTH CITY-II, SECTOR-50, GURUGRAM
GURUGRAM
CLIENT PMC
Page 6 of 125
UNITECH LIMITED
8/13th Floor, Tower B, Signature Tower, South City-1, Gurugram, 122001, Haryana
Date: 08-05-2023
Notice Inviting Tender (NIT)
UNITECH LIMITED (hereinafter referred to as the Employer), invites tenders from experienced
and eligible agencies for “External area development ( Boundary Wall, Swimming pool &
expansion joint) works for Fresco at Sector-50, Gurugram” as per Schedule as under:
Bidding System
(ii) Bidding Process To be uploaded/ filled as per the instructions given in e-
Tendering Procedure at Annexure - III.
(iv) Brief Scope of Work External area development (Boundary Wall, Swimming pool &
expansion joint) works.
₹ 67,19,895/- (Excluding GST)
(v) Estimated Cost (In Words) - Rupees Sixty Seven lakhs Nineteen
thousand Eight Hundred ninety five only.
₹ 1,00,000/-
(In Words) Rupees One Lakh only.
Earnest Money Deposit Name of Beneficiary : UNITECH LIMITED
(vii) Bank : ICICI BANK LIMITED
Current Account Number : 245105001682
IFSC CODE : ICIC0002451
CIF ID 587747798
Non-refundable cost of
(viii)
Tender document & e- Rs. 10,000/- + GST@ 18 % through e-payment gateway.
Tender processing fee
(ix) Site Visit with PMC/ Employer On 11-05-2023 at 11:00 AM (IST)
Bidder may contact following for conducting site visit :-
1. Mr. B.M Thakur (REPL)
(x) Site Visit - Contact
Contact No.- 8130189005
Page 7 of 125
Sr. No. Subject Description
14/05/2023
Last date of receipt of Bidder’s
(x) Queries to be send on below E-mail ID:-
Queries in consolidated form
Email ID : [email protected]
Virtual Pre-Tender Meeting
(xi) 17/05/2023 AM at 11.00 AM (IST)
(Time)
Last date & time of
(xii) Up to 08/06/2023 by 04.00PM (IST)
submission of Online Tender
Date & Time of Opening of
(xiii) On 09/06/2023 at 11:00 AM (IST)
Technical Bids
Intimation of technically
(xiv) To be Notified Later
qualified bids.
Date & time of opening of
(xv) Financial Bids of technically To be Notified Later
qualified bidders.
(xvi) Validity of offer 180 days from the date of opening of Technical Bid.
1.3 Corrigendum, if any, would appear only on the website and not to be published
in any Newspaper.
(i) Experience of having successfully completed similar works during the last 07(seven)
years ending previous day of last date of submission of tenders.
(a) Three similar works each costing not less than 40% of the estimated costput
to tender, OR
(b) Two similar works each costing not less than 60% of the estimated cost put to
tender, OR
(c) One similar work costing not less than 80% of the estimated cost put to tender.
(a) Any company/ firm while submitting the bid can use the work experience
of its subsidiary company to the extent of its ownership in the subsidiary
company.
( b ) In case, the companies/ firms, which intend to get qualified on the basis
of experience of the parent company/ Group Company, the same shall not
be considered. However, for the purpose of clarification, the parent
company by itself only can submit the bid.
( c ) In case, the companies/ firms, which intend to get qualified on the basis
of experience of their own works/in-house works, the same shall
not be considered.
Page 9 of 125
(d) In case of a Company/ firm, formed after merger and/ or acquisition of
other companies/ firms, past experience and other antecedents of the
merged/ acquired companies/ firms will be considered for qualification
of such Company/ firm provided such Company/ firm continuesto
own the requisite assets and resources of the merged/ acquired
companies/ firms relevant to the claimed experience.
(a) In case the work experience is for the work executed outside India, the
bidders must submit the completion/ experience certificate issued by the
owner duly signed & stamped and a self-attested undertaking towards the
correctness of the completion/ experience certificates. The contractor shall
also get the completion/ experience certificates attested by the Indian
Embassy/ Consulate/ High Commission in the respective country.
(b) In the event of submission of completion/ experience certificate by the
Bidder in a language other than English, the English translation of the same
shall be duly authenticated by Chamber of Commerce of the respective
country and attested by the Indian Embassy/ Consulate/ High Commission
of the respective country.
(c) For the purpose of evaluation of bidders, the conversion rate of such
currency into INR shall be arrived at by the daily representative exchange
rate published by the IMF as of 7 (Seven) days prior to last date of
Submission of bid including extension(s) given, if any.
(i) The Average annual financial turnover for last 3 years shall be at least 50% of the
estimated cost put to tender. The requisite Turn-over shall be duly certified by a
Chartered Accountant/ Statutory auditor with his Seal/ signatures and registration
number. In case of Companies/ Firms less than 3 years old, the Average annual financial
turnover shall be worked out as relevant to the available period only.
(ii) Net Worth of the company/ firm as on the last day of preceding Financial Year should
be positive.
Net worth means paid-up share capital, Share Application Money pending allotment*
and reserves # less accumulated losses and deferred expenditure to the extent not
written off. Net worth has been calculated using the following formula.
# Reserves to be considered for the purpose of Net worth shall be all reserves created out
of the profits and securities premium account but shall not include reserves created out
of revaluation of assets, write back of depreciation and amalgamation.
* Share Application Money pending allotment will be considered only in respect of share
to be allotted.
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Paid up share capital XX
Add: Share Application Money pending allotment XX
Add: Reserves (As defined Above) XX
Less: accumulated losses XX
Less: Deferred Revenue Expenditure to the extent not written off XX
Net Worth XX
Notes:-
(a) Self-certified copy of Bank Solvency Certificate issued from Nationalized or
any Schedule Bank should be at least 40% of Estimated Cost of the Project put
to tender. The certificate should have been issued within 6 months from the last
date of the submission of the tender including extension(s) given if any.
Bank Solvency Certificate is not required if estimated cost put to tender is less
than or equal to INR 25 Crore.
(b) The bidders are required to upload and submit one page of summarized Balance
Sheet (Audited) and also one page of summarized Profit & Loss Account
(Audited) for the last three years.
3.0 The intending bidder must read the terms and conditions of this document carefully
including the checklist at Annexure-IV. He should submit his tender only if he
considers himself eligible and he is in possession of all the documents required.
Information and Instructions/addendums for bidders posted on Website(s) shall form
part of the Tender Document.
4.0 Complete tender, except the BOQ/ SOR (containing the financial details), would be visible
to all prospective bidders. BOQ/ SOR would be visible to only those bidders who would
be paying (a) Non-refundable cost of tender document and (b) Non-refundable e-
Tender Processing Fee amounting to ₹ 11,800/-. The EMD has to be paid through e-
Payment gateway only including all other desired documents as per Notice Inviting e-
tender.
Page 11 of 125
(x) Integrity Pact at Annexure-II (To be signed and stamped by the contractors
and scanned copy to be uploaded with the bid)
(xi) Addendum/ Corrigendum, if any, - Duly signed by the authorized person
(xii) Special Conditions of Contract
(xiii) Pre Tender clarifications, if any
6.0 The bidders are required to quote strictly as per terms and conditions, specifications,
standards given in the tender documents and is not allowed to stipulate any
deviations/ conditions.
The bidders are advised to submit complete details with their bids as Technical Bid
Evaluation will be done on the basis of documents uploaded on the website by the
bidders with the bids. The procedure for e-Tendering, including the maximum
allowable file size for the upload, is described at Annexure-III and must be complied
by the tenderer for successful bid submission. The information should be submitted in
the prescribed Performa and only in PDF format as per the sequence defined in the
checklist at Annexure IV. All pages of all submittals are to be duly signed/attested by
the authorised signatory of the bidder along with the company seal.
Bids with Incomplete / Ambiguous information will be rejected.
The Bank Guarantee for EMD submitted by the bidders shall be strictly in the format
prescribed in the General Conditions of Contract GCC. In case, EMD is not found
verbatim in the prescribed format, the bid will be liable for rejection.
7.0 The bidders are advised in their own interest to submit their bid documents well in
advance from last date/ time of submission of bids so as to avoid problems which the
bidders may face in submission at the last moment/during rush hours for the purpose
of uploading the bids.
8.0 On the opening date, the tenderer can login and see the tender opening process.
9.0 Notwithstanding anything stated above, the Employer reserves the right to assess the
capabilities and capacity of the tenderer to perform the contract in the overall interest
of work. In case, bidder’s capabilities and capacities are not found satisfactory, the
Employer reserves the right to reject the tender and the bidder will have no objection
to it.
The submission at Clause 2.2 part (ii) (b) above of the audited balance sheet and P&L
account, the bidder shall upload the certificate duly attested by the Chartered
Accountant/statutory auditor mentioning the Financial Turnover of last 3 years,
however, the entire voluminous balance sheets or P&L accounts are not to be uploaded.
Only one page of summarized balance sheet (Audited) and one page of summarized
Profit & Loss Account (Audited) copy for last 03 years shall be uploaded and the same
shall also be submitted in hard copy.
11.0 The bidder must ensure to quote separate rates of percentage for Schedule-A and
Schedule-B items. The Rate shall be quoted up to two decimals places. The rate of
percentage (above, at par or below) quoted by the bidder for Schedule-A items will be
Page 12 of 125
Applicable to all items covered under Schedule-A and the rate of percentage (above, at
par or below) quoted by the bidder for Schedule-B items will be applicable to all items
covered under Schedule-B. The evaluation of Lowest (L1) bid shall be done based on
the SUM of the value quoted by the bidder towards combined Schedule-A and Schedule-
B items.
a) In case bidder has quoted percentage increase or decrease and the total amount in the
summary of prices, but there is discrepancy in total amount, quoted and the amount
arrived at after calculating the percentage increase/ decrease quoted by the bidder
over Estimated Cost, then the total amount shall be corrected based on the estimated
cost and the quoted percentage.
b) In case bidder has quoted the percentage and the total amount in summary of prices,
but increase or decrease (“+” or “-“) has not been indicated by the bidder against the
% figure, then the amount quoted by bidder shall be considered and the percentage
increase/ decrease shall be calculated based on the total amount quoted by the bidder
and Estimate Cost.
c) In case bidder has quoted the percentage in the summary of prices, but the total amount
has not been quoted and increase or decrease (“+” or “-“) has not been indicated against
the % figure, then the `+’ shall be considered for the % figure.
d) In case the bidder left the % and amount Blank, % increase/ decrease shall be
considered as NIL.
12.0 The tenderer(s) if required, may submit queries, if any, through E-mail and in writing to
the Employer to seek clarifications within 06 days from the date of uploading of Tender
on website but latest by 14-05-2023 so as to reach the office not less than 01 day prior
to the date of Pre-bid meeting. The Employer will respond to only those queries which
are essentially required for submission of bids. The Employer may not respond to the
queries which are not considered fit, viz. replies of which can be implied/ found in the
NIT/ Tender documents or which are not relevant or in contravention to NIT/ Tender
Documents and the queries received after 15 days from the date of uploading of Tender
on website. Technical Bids are to be opened on the scheduled dates. Requests for
Extension of Bid submission will not be entertained.
The Pre-Bid meeting shall be attended by the intending bidders only and not by
vendors/ manufacturers. The intending bidders should depute their authorized person
with authorization letter in original to attend the pre-bid meeting.
Integrity Pact at Annexure-II duly signed and stamped by the tenderer, shall be
submitted. Any tenderer submitting the bid without the integrity Pact shall be liable for
rejection.
14.0 List of Documents to be scanned, uploaded and also to be submitted in hard copy
within the period of tender submission:
(i) If EMD submitted as Bank Guarantee, Upload scanned copy of Bank Guarantee
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(ii) GENERAL DETAILS as per Annexure-I.
(iii) Unconditional Letter of Acceptance of Tender Conditions (in original) on the
Letter Head of the Applicant/ Bidder.
(iv) Integrity pact as per Annexure -II.
(v) Details of Work Experience Certificates –FORM A.
(vi) Details of Similar Works – FORM B.
(vii) Financial Details - FORM C.
(viii) TDS details for Private Sector Projects – FORM D.
(ix) Self-certified copy of Bank Solvency Certificate - FORM E.
(x) Documents regarding Net Worth of the Company/ Firm.
(xi) General Information – Form F.
(xii) Work Experience Certificates consisting of details as mentioned in Form G.
(xiii) Affidavit duly notarized by Notary Public on Non-Judicial Stamp Paper of Rs.
100/- for correctness of Documents /Information – Form H.
(xiv) Power of Attorney in the name of the person authorized for signing/
submitting the tender.
(xv) E-payment Transaction details towards cost of e-tender processing fee.
(xvi) Valid GST registration/ EPF registration/ PAN No.
(xvii) All pages of the entire Corrigendum (if any) duly signed by the authorized
person.
(xviii) Registration Details of the bidder in the GST Act – Form I.
(xix) Checklist compliance as per Annexure IV.
(xx) The Bidder shall submit an affidavit disclosing therein that no criminal case
against him/ company, in relation to his normal course of business, is pending
at any level including any inquiry by the Central Bureau of Investigation (CBI)/
Enforcement Directorate (ED).
Notes:
(i) All the uploaded documents should be in readable, printable and legible form, failing
which the bids are liable for rejection. The document submitted in hard copy should
be indexed and duly page numbered in the sequence as per the checklist at Annexure
IV.
(ii) In case of foreign bidders participating individually, the bidder is exempted from
submission of GST/ EPF/ ESIC registration/ PAN etc. including all other statutory
registrations/ permissions/ approvals for executing work in India during bid
submission. However, foreign bidders have to submit undertaking on a pre-approved
format stating that they will be complying with such mandatory requirements within
60 days of issue of Letter of award. Such format, for the purposes of approval, should
reach the Employer on or before the date of the Pre-bid meeting.
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(iii) The Contract agreement shall be signed with successful Bidder only after meeting out
all above requirements. No payment during the execution of work shall be released
till the compliance to above requirements. In case of non-fulfilment of any such
requirement by the successful bidder within the stipulated time period, the EMD shall
be forfeited, and the bidder will be put under holiday list of the Employer and its parent
company M/s Unitech Ltd.
(iv) The foreign bidder can provide the credit limit documents in lieu of Solvency
Certificate.
16.0 The Employer reserves the right to reject any or all tenders or cancel/withdraw the
invitation for bid without assigning any reasons whatsoever thereof. The Employer
does not bind itself to accept lowest tender and reserves the right to negotiate post
the financial bid opening if it may so deem fit.
17.0 For all scheduled BOQ items as per Schedule A, the nomenclature/rates/unit of
applicable DSR items shall be applicable. In case, any ambiguity is observed in
scheduled BOQ items, nomenclature, unit and rate of relevant DSR item will hold
good.
18.0 Canvassing in connection in the overall tender award process is strictly prohibited, and
such canvassed tenders submitted by the bidder will be liable to be rejected and his
earnest money shall be forfeited.
19.0 In case of any query, please contact Mr. B.M Thakur (REPL), Ph. No 8130189005 during
Office hours on all working days.
(……………)
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Annexure - I
General Details
4 ₹ 1,00,000/-
Earnest Money Deposit NIT
(In Words) Rupees One Lakh only.
Page 16 of 125
Sl. Cl. No. of Values/ Description to be Applicable
Description
No. NIT/ITT/ forRelevant Clause(s)
GCC
15 Escalation GCC / 7.0 For operation of Clause 7.0, the basic rate of
materials as on last date of receipt of tender will
be as under -
(a) Cement –289/ Per Bag
(b) Reinforcement steel/TMT bars –61000/ MT
(c) Structural steel – 60/Kg
16 Defect Liability Period GCC/ 42.0 05 (Five) years from the date of Issuance of
Completion Certificate for the works by the
Employer.
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SECTION - 2
Instructions to Tenderers
Page 18 of 125
Instructions to Tenderers (ITT)
Online percentage rate open tenders are invited from eligible agencies for “External
area development (Boundary Wall, Swimming pool & expansion joint) works for Fresco
at Sector-50, Gurugram”
Page 19 of 125
(f) If bidder commits any breach of the Integrity Pact.
4. Interested bidder, who intends to participate in the tender, has to make following
payments online:-
(a) Cost of Tender Document & processing fees (Non-refundable) – Rs.10,000.00 + GST@ 18%
(b) EMD amount as specified in previous section. To be paid online or as BG. In case
of BG the scanned copy of BG shall be uploaded on the portal failing which the
bid will be rejected.
5. Online technical tender documents only of those tenderers shall be opened, whose
Earnest Money Deposit, Cost of Tender Document and e-Tender Processing Fee and
other documents submitted are found in order. The Financial Bids of only those
tenderers will be opened whose technical bid documents are complete in all respect
and meet the qualification criteria.
6. Validity of Tender
The tender for the works shall remain open for acceptance by the bidder for a period
of 180 days from the date of opening of financial bid. If any tenderer withdraws his
tender before the said period or issue of letter of acceptance, whichever is earlier, or
makes any modifications in the terms and conditions of the tender which are not
acceptable to the Employer, then the Employer shall, without prejudice to any other
right or remedy, be at a liberty to forfeit the Earnest Money Deposit of the bidder.
Further, the tenderers shall be put under holiday list of the Employer and its parent
company M/s Unitech Ltd.
7. The tender submitted shall become invalid if:
(a) The tenderer is found ineligible on technical evaluation.
(b) The tenderer does not upload all the documents as stipulated in the tender
document.
8. Acceptance of Tender
The Employer reserves the right to reject any or all the tenders in part or full without
assigning any reason whatsoever.
9. The bid shall be submitted strictly in accordance with the conditions of Contract and
instructions to tenderer. Tenders with any additional condition(s)/ modifications shall
be rejected. Tenders, in which any of the prescribed conditions are not fulfilled or
found incomplete in any respect, are liable to be rejected.
10. On acceptance of tender, the name of the authorised representative(s) of the
contractor, who would be responsible for taking instructions from the Engineer-in-
Charge, shall be intimated by the contractor within 15 days of issue date of Letter of
Award by the Employer.
Page 20 of 125
11. The tenderer is not permitted to bid for the works if his family member or a close
relative is posted in the project office or concerned Zonal Office of the Employer or its
parent company Unitech Limited, unless otherwise permitted. The contractor shall also
intimate the names of persons who are working with him in any capacity or are
subsequently employed by him and who are close relatives to any of the officers of
the Employer or its parent company Unitech Limited through the entire duration/ time
period of the project. Any breach of this condition by the tenderer would render him
liable to the withdrawal of the work awarded to him and forfeiture of Earnest Money
Deposit and Security Deposit. This may also debar the contractor from tendering for
other/ future works of the Employer or its parent company Unitech Ltd. For the
purpose of operation of this clause, a close relative shall mean wife, husband, parents,
grandparents, children, grandchildren, brothers, sisters, uncles, aunts, cousins and
their corresponding in-laws.
12. The time for completion of the work as contained in contract shall be as per “GENERAL
DETAILS - Annexure-I”.
13. Canvassing, whether directly or indirectly, with Employers/ PMC/ TPIA is strictly
prohibited, and the tenders submitted by the bidders, who resort to canvassing, will be
liable for rejection.
14. The tender award, execution and completion of work shall be governed by tender
documents consisting of (but not limited to) Letter of Award/ Letter of Work Order,
Bill of Quantities, General Conditions of Contract, Special Conditions of Contract,
Specifications, Drawings. The tenderers shall be deemed to have gone through the
various conditions including sub-soil water conditions, topography of the land,
drainage and accessibility etc. or any other condition which, in his opinion, will affect
his price/ rates before quoting their rates for the work. No claim whatsoever against
the foregoing shall be entertained at any stage after the award of works.
15. The drawings issued with the tender documents are indicative. Works shall be carried
out as per “Good For Construction/ GFC drawings issued by Engineer-in- Charge to the
Contractor” and the “Shop Drawings prepared by the Contractor and approved by
Engineer-in-Charge”.
Addenda/Corrigenda to the tender documents may be issued at least three days prior
to last date of submission of the tender to clarify or effect modification in
specification(s) and/or contract terms included in various sections of the tender
document. The tenderer shall suitably take into consideration such
Addenda/Corrigenda while submitting his tender. The tenderer shall return such
Addenda/ Corrigenda duly signed and stamped as confirmation of its receipt &
acceptance and submit along with the tender document as per Annexure - IV. All
addenda/ Corrigenda shall be signed and stamped on each page by the tenderer and
shall become part of the tender and contract documents.
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17. Site Visit and Collecting Local Information
Before tendering, the tenderers are advised to visit the site of work, the present
status of the project/ work, its surroundings to assess and satisfy themselves about the
local conditions such as the status of the project, working and other constraints at site,
approach roads to the site, availability of water & electrical power supply, application
of taxes/ duties/ levies/ Toll/ Octroi as applicable & any other relevant information
required by them to execute the complete scope of work. It becomes even more
important in the case of brown-field projects where part works have already been
executed that the tenderer obtain all necessary information as to the risks, weather
conditions, contingencies & other circumstances, which may influence or affect its
tender prices. Tenderer shall be deemed to have considered the above site and local
conditions whether he has inspected the site or not and to have satisfied himself in all
respect before quoting his rates so as not to raise any claims or extra charges
whatsoever in this regard during the entire duration of the project execution, upon
completion or during the defect liability period. No claims or extra charges whatsoever
shall be entertained/ payable by the Employer on a later date after awardof work.
(i) Contractor, if necessary, shall build temporary access roads to the site of construction
for the works at his own cost to make the site accessible. The Contractor shall maintain
the same in motor able condition at all the times at his own cost. Thecontractor shall
be required to permit the use of any access roads so constructed by him for vehicles of
the Employer or any other agencies/ contractors who may be engaged on the project
site without any charges whatsoever.
(ii) Non-availability of access roads or approach to site, for the use of the contractor shall
in no case condone any delay in the execution of work nor be the cause for any claim
for Penalty.
(i) The Contractor should note that the area for construction may be made available in
phases as per availability and in conjunction with pace of actual progress of work at
site. The work may require to be carried out in constrained conditions. The work is to
be carried out in such a way that the traffic, people movement, if any, is kept operative
and nothing extra shall be payable to the contractor due to this phasing/ sequencing of
the work. The contractor is required to arrange the resources to complete the entire
project within total stipulated completion time of the contract. Traffic diversion, if
required, is to be done and maintained as per requirement of localtraffic police, by the
contractor at his own cost and the contractor shall not be entitled for any extra
payment, whatsoever, in this regard.
(ii) Efforts will be made by the Engineer-in-Charge/ Employer to handover the site to the
Contractor free of encumbrances. However, in case of any delay in handing over ofthe
site to the Contractor, the Employer shall only consider suitable extension of time for
the execution of the work. It should be clearly understood that the Employer
Page 22 of 125
shall not consider any revision in contract price or any other Compensation
whatsoever viz. towards any idling of Contractor’s labour, equipment etc.
(iii) Old/ Temporary structures on the site of work, if required, shall be demolished by
the contractor properly at his own cost unless and otherwise mentioned elsewhere in
the Schedule A & B of the financial bid or as mentioned in SCC. The useful material
obtained from demolition of structures & services shall be the property of the
Employer and these materials shall be stacked as directed and at the place specified by
the Engineer-in-Charge.
(iv) Necessary arrangement including site maintenance is to be made by the contractor for
temporary diversion of flow of existing drain, road etc. The existing drain, road would
be demolished, wherever required, with the progress of work under the scope of work.
The existing Road and Drain, which are not in the alignment of the said project but are
affected and/ or need to be demolished during execution for smooth progress of
theproject, shall be re-constructed/re-habilitated to its original status andcondition by
the contractor at his own cost. The cost to be incurred by contractor in this regard shall
be deemed tobe included in the quoted rates and contractor shall notbe entitled for any
extra payment on this account whatsoever.
(v) The information about the public utilities (whether over ground or underground) like
electrical/ telephone/ water supply lines, OFC Cables, open drain etc. is the
responsibility of contractor to ascertain through the site investigation whether the
utilities will affect the works.
(vi) The contractor shall be responsible for obtaining necessary approvals from the
respective statutory authorities for shifting/ re-alignment of existing public utilities.
The Employer shall only assist the contractor in obtaining the approvals from the
concerned statutory authorities.
(vii) Any services affected by the works must be temporarily supported by the bidder/
contractor who shall also take all reasonable measures required to protect the services
and property of various government/ private bodies during the progress of works. The
cost towards the same is deemed to be a part of the contract bid, and no extra payment
shall be made to the contractor for the same.
(i) The scope of work covered in this tender shall be as per the Bill of Quantities,
specifications, drawings, instructions, orders issued to the contractor from time to time
during the execution of work. The drawings for this work, which may be referred for
tendering, provide general information about the work to be performed under the
scope of this contract. These may not be the final drawings and may not indicate the
full range of the work under the scope of this contract. The work will be executed
according to the drawings to be released as “GOOD FOR CONSTRUCTION” from time to
time by the Engineer-in-charge and according to any additions/ modifications/
alterations/ deletions made from time to time, as required by any other drawings that
would be issued to the contractor progressively during execution of work. It shall be
the responsibility of the contractor to incorporate the changes that may be in this scope
of work, envisaged at the time of tendering and as
Page 23 of 125
actually required to be executed.
(ii) The quantities of various items as entered in the “BILL OF QUANTITIES” are
approximate and may vary depending upon the actual requirement of the work. The
contractor shall be bound to carry out and complete the stipulated work irrespective
of the variation in individual items specified in the bill of quantities. The variation of
quantities will be governed as per Section 3, clause No. 6.0 of the contract.
The setting and nature of all offices, huts, access road to the work and all other
temporary works as may be required for proper execution of the works shall be subject
to the approval of the Engineer- in-Charge. All the equipment, labour, materialincluding
cement, reinforcement and the structural steel required for the enabling/ temporary
works associated with the entire Contract shall have to be arranged by the Contractor
only and at his own costs and is deemed to be considered in the bid price. Nothing extra
shall be paid to the Contractor on this account.
Tenderer’s attention is drawn to the fact that during the period the tenders are under
consideration, the tenderers are advised to refrain from contacting the Employer
and/or his employees/ representatives on matters related to the tender under
consideration and that, if necessary, Employer/ PMC will obtain clarifications in
writing or as may be necessary.
Page 24 of 125
Annexure - II
Integrity Pact
To be executed between
The Employer and its representatives such as the PMC/TPIA hereinafter referred to as “The
Principal” (which expression, unless repugnant to the context thereof, shall mean and include
its legal representatives, heirs and assigns)
AND
Preamble
1. Unitech Limited, along with its project owning subsidiaries, being the Employer, is in
the process of inviting proposals & bids and award of contracts for procurement, works,
goods and services, for completion of its various residential and commercial projects in
fulfilment of its given mandate.
2. The Employer places a very high value to the overall integrity, probity and honesty,
promoting economic use of resources, and ensure fairness/transparency in its
relations with its Bidder(s) and/ or Contractor(s). In order to ensure that highest level
of integrity, transparency and trustworthiness is maintained throughout the execution
and completion of all its projects, the Employer proposes to adopt and follow an
‘Integrity Pact’ with the prospective bidders/ contractors. The Integrity Pact is
applicable to all the stakeholders i.e. the Contractors and their personnel, the Project
Management Consulting agencies and staff, the Engineers India Limited (EIL) and their
staff in its role as the Third Party Monitoring Agency, and above all, the Employer and
its staff. It seeks the commitment of all persons engaged on these projects on
whosoever’s behalf to perform without compromising on any aspect, or resorting to
any unethical or corrupt practices in any aspect/ stage of the contract, or exercise any
unwarranted influence or be influenced on any aspect of the contract or transaction.
Only those bidders/ contractors, who commit themselves to this IntegrityPact, would
be considered eligible to participate in the bidding process.
3. In order to achieve these goals, the Employer, the EIL and the Project Management
Consultants (appointed by the Employer) will monitor the tender process and
execution of the contract for compliance with the principles mentioned above.
Unitech Group, along with its staff, commit itself to take all measures necessary to prevent
any form of corruption and to observe the following principles:-
(i) No employee of the Employer or the PMC or the Third Party Inspection & Monitoring
Agency (appointed by the Employer) personally or through any other persons/ family
members, will take a promise or demand or accept for self or third person, any material
or other benefit or consideration, which the person is not legally entitled to in
connection with the tender, or the execution of a contract.
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(ii) The Employer or its agents (i.e. the PMCs and the TPIA) will treat all Bidder (s) with
equity, fairness and transparency during the tender process. It will, in particular, before
and during the tender process, provide to all Bidder (s) the same information and will
not provide to any Bidder(s) confidential/ additional information through which the
Bidder(s) could obtain an unfair advantage in relation to the process or the contract
execution.
Page 26 of 125
provisions, from the tender process.
If the Bidder(s)/ Contractor(s), before award or during the project execution, has
committed a transgression through a violation of Section-2 above or in any other form
such as to put his reliability or credibility in question, the Employer is entitled to
disqualify the Bidder(s)/ Contractor(s) from the tender process and restrict the Bidder
(s)/ Contractor(s) from participating in future tenders of the Employer for a period of
two years.
If the Employer has disqualified the Bidder(s) from the tender process prior to the
award of the contract in terms of Section 4, the Employer shall be entitled to demand
and recover the amount equivalent to Earnest Money Deposit towards compensation
for damages.
(i) This Integrity pact comes into effect as soon as it is signed by both parties. It shall expire
for the Contractor(s) 12 months after the Completion of the work, and 03 months for
other unsuccessful Bidder(s) after the contract has been awarded.
(ii) If any complaint is made/ lodged by either Party to the Employer during the periods
mentioned in (i) above, the management would be at liberty to take such action as may
be deemed appropriate.
Section – 7: Miscellaneous
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(For and on behalf of the Principal) (For and on behalf of Bidders/Contractors)
Witness-1 Witness -2
<Name> <Name>
<Address> <Address>
Place:
Date:
Page 28 of 125
Annexure - III
Procedure for e-Tendering
Bidders intending to participate in the tenders of Unitech Group have to register first on the e-
Tendering portal of Unitech Limited. For this purpose, the authorized representative of the
bidder must possess a Class 3 DSC (Digital Signature Certificate). Registration and participation
of the bid has to be done at etenders.unitechgroup.com
1. Registration / Empanelment
Registration includes issuance of a unique User ID to each Bidder by the system. The
request for the same is made online. The Bidder fills in the basic identification
information during the registration process. The approval of registration will be
automatic via email verification. Registration and approval are mandatory to be able
to operate as a Bidder on the e-tendering processes.
2. File Size
The documents required to be submitted are given in Annexure-IV of Section-2. Five
(5) Buckets of different documents have been made in such a manner that each
document size is within 25 MB, which is the maximum limit for uploading the said
document. This arrangement must be strictly adhered to overcome any problems qua
e-filing of documents.
3. Bidder Information Update
Bidder information can be updated as and when required by Bidders online by going
on to “Edit Profile”. The changes may be subject to Employer approval depending on
configuration.
4. Update of Digital Signature Certificate (DSC)
The Digital Signature Certificate (DSC) is required to be registered by each bidder on
the System. Since DSCs are valid for a limited period, the digital certificates need to be
updated (re-registered) online from time to time. Bidders can participate in a bid only
by using their DSC.
5. Public View of Tenders
5.1 View of tender notices/ Notice Inviting Tenders
The bidders can view the detailed N.I.T and the time schedule (Key Dates) for all the
tenders floated through the tendering portal on the homepage at
https://etenders.unitechgroup.com. The tender documents can be downloaded from
the portal.
5.2 View of in-process tenders
The list of live tenders is available to bidders at the home page of the e-Tendering
portal. However, details of the participants who have downloaded the tender or from
whom the bids are received are not made available in order to maintain the
confidentiality of identities of bidders and transparency of the procurement process
until the process of tender opening has been initiated. The list shows the status of
each tender and allows viewing of the tender notices of these tenders.
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5.3 View of completed tenders
Bidders will be able to view their completed tenders online on the portal.
5.4 View of opened bids
(i) The participating bidder will be able to view only his opened technical bid.
(ii) The participating bidder, whose technical bid is qualified, will be able to view all
the financial bids on the date of opening of financial bids.
5.5 Key Dates
The bidders are strictly advised to follow dates and times as indicated in the tender
document. The data and time shall be binding to all bidders. All online activities are
time tracked and the system enforces time locks to ensure that no activity or
transaction can take place outside the start and end dates and the time of stage as
defined in the tender document.
6. Bid Preparation
Bid preparation must be done online. In order to operate on the electronic tender
management system, a user’s machine is required to be set up. A help file on system
setup/Pre-requisite can be downloaded from home page of the website -
https://etenders.unitechgroup.com
6.1 Filling up the bid forms
Bid forms are in tabular format. Each bid will be submitted on two envelope formats.
Bidder has to fill all forms related with these envelopes. Bid form data can be saved
only after encryption with the public key of the Bidder’s digital certificate. Data can be
edited only after decrypting it with the private key of the Bidder’s digital certificate.
Unencrypted data cannot be saved in the System.
6.2 Adding attachments
(i) The attachments, if required, may need to be submitted. Some of these may be
mandatory and some not. This is clearly indicated on the form for attachment
upload. Extra attachments i.e. the ones not asked for in the tender documentcan
also be uploaded at the choice of the Bidder. Employer has the option to disallow
uncalled for attachments.
(ii) The Bidder has an additional feature of ‘Briefcase’ where he can keep his
commonly used documents. While attaching the same to the tender, he can select
document either from the briefcase or he can directly upload the same.
(iii) Scan copy of Documents to be submitted/uploaded for Prequalification or
Technical bid under online PQQ/ Technical Envelope: The required
documents (refer to Tender document) shall be prepared and scanned in
different file formats (in PDF /JPEG/MS WORD format such that file size is not
exceed more than 25 MB) and uploaded during the on-line submission of PQQ
or Technical Envelope.
(iv) FINANCIAL or Price Bid PROPOSAL shall be submitted mandatorily online
under Commercial Envelope.
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(v) Technical and Financial bid to be submitted on portal and not to be
submitted manually.
6.3 Validating bid data
Basic validation rules such as item set rules and mandatory field validations are done
during validation. Bidder can choose to go back and rework the bid at this stage, if
required.
6.4 Bid signing
(i) Each electronic bid is digitally signed. The server also obtains a digitally signed
time stamp for each envelope that can be verified at any later date. Bidders can
generate and print proof of Bid submission with time stamping.
(ii) The System does not allow the process to be carried out before or after the
designated time in tender schedule. Bidder can rework on its bid till the last date
of bidding. A bidder seeking to withdraw its bid should initiate the “re- submit”
button.
6.5 EMD and Tender Document fees
Bids submitted with EMD and tender fees will only for considered for evaluation.
The system will not permit submission of Bid without payment of complete fees.
7 Bid Opening
Unitech representative will undertake the bid opening. Bidder will be able to see the
status of bid opened. Technical bids will be opened in the first instance. Upon
completion of the technical evaluation, the bids will be marked as “qualified” or “not-
qualified”. Financial bids of only such bidders, who qualify in the technical bid
evaluation, will be opened.
8. Assistance to the Bidders (Help Desk):
E-mail: [email protected]
Contact No: 8010208825, 9356477055 & 9028672454 (Nextenders (India)
Pvt. Ltd.) Queries related with e-Tendering only
Support Timings: Monday to Friday- 09.00 A.M. to 08.00 P.M.
Saturday- 10.00 A.M. to 04.30 P.M.
Important Note:-
All queries would require to be registered at our official email-
[email protected] for on-time support. (Only those queries which are sent
through email along with appropriate screenshots or error description will be considered as
registered with the Help-desk). Contact our helpdesk on or before prior to 4 hours of the
scheduled closing date & time of respective Tender event.
Bidders participating in online tenders shall check the validity of his/her Digital Signature
Certificate before participating in the online Tenders at the portal
https://etenders.unitechgroup.com. For help manual please refer to the ‘Home Page’ of the
eTendering portal https://etenders.unitechgroup.com, and click on the available link ‘How to...?’
to download the file.
Page 31 of 125
Annexure - IV
(All documents mentioned in the Check-list are to be uploaded as a part of the Technical Bid)
Bucket
Submission
Reference (Size not
Sr. No. Description Compliance
from Tender exceeding 20MB
(Yes / No)
for each bucket)
As per Form
If EMD submitted as BG, Upload scanned
1 No. VI
copy of Bank Guarantee
(Section 4)
2 General Details Annexure-I
Unconditional Letter of Acceptance of
3 Tender Conditions (in original) on the Section-4
Letter Head of the Applicant/ Bidder.
4 Integrity pact Annexure-II
5 Details of Work Experience Certificates Form-A
6 Details of Similar Works Form-B
7 Financial Details Form-C Bucket-1
8 TDS details for Private Sector Projects Form-D
Documents regarding Net Worth of the 2.2(II) &
9 14(XI) of NIT
Company/ Firm.
Self-certified copy of Bank Solvency
10 Form-E
Certificate
Audited summarised Balance Sheet (Last 2.2 (ii) Note B
11
3 years) of NIT
2.2 (ii) Note B
Audited summarised Profit & Loss
12 & Para 10 of
Account (Last 3 years)
NIT
13 General Information Form-F
Work Experience Certificates consisting
14 Form-G
of details
Affidavit duly notarized by Notary Public
on Non-Judicial Stamp Paper of Rs. 100/-
15 Form-H
for correctness of Documents
/Information
Power of Attorney in the name of the
16 person authorized for signing/ 14(XV) of NIT
submitting the tender
Bucket-2
6.5 of
E-payment Transaction details towards Annexure-3/
17
cost of e-tender processing fee. 14(ii) & (xvi)
of NIT
Registration Details of the bidder in the
18 Form-I
GST Act
14 (xvii) of
Valid GST registration/ EPF registration/
19 NIT & Note -2
PAN No. of NIT
Page 32 of 125
Bucket
Submission
Reference (Size not
Sr. No. Description Compliance
from Tender exceeding 20MB
(Yes / No)
for each bucket)
All pages of the entire Corrigendum/
Addenda (if any) duly signed and 14(xviii) of
20 Bucket-3
stamped by the authorized NIT
representative of the tenderer
21 Project Execution Plan 18 of GCC
Overall Project Schedule (Resource
22 18 of GCC
loaded- Level 3) along with Critical Path
17.2(IV) of
23 Progress ‘S’ Curves
GCC
24 Manpower and Machinery Deployment 33 of GCC
Bucket-4
Details of Software’s to be used for
25 17.2(iv)
planning, material control etc.
Any other relevant documents the
26 tenderer wishes to submit to support the -
bid.
As per Form
Declaration By the Bidder Regarding
26 (I) No. I (Section
Bidding Document
4)
As per Form
26(II) Letter of Waiver No. II
(Section 4)
As per Form
Undertaking For Non-Engagement of
26(III) No. III Bucket-5
Child Labour
(Section 4)
Affidavit disclosing therein that no
26(IV)
criminal case against him/ company,
in relation to his normal course of NIT- Sr.No.-
business, is pending at any level 14 (XX)
including any inquiry by the Central
Bureau of Investigation (CBI)/
Enforcement Directorate (ED).
Page 33 of 125
Page 34 of 125
Form - A
Tender for _______________
Sr. 1 2 3 4
No.
1. Name of Work and its
Location
2. Name of Employer
3. Date & Reference No. of
Completion Certificate
4. Date of Start
5. Date of Planned
Completion
6. Date of Actual
Completion
7. Awarded cost of Work
(Exc. Tax)
8. Cost of Work on
Completion (Exc. Tax)
9. Value of Tax (as
considered in the
Completion Certificate)
10. Reference and page No.
of documentary proof of
the detail missing in the
Completion Certificate
1. Certified that the Completion Certificates of above works are enclosed with the Tender
Documents;
2. Details mentioned in the above Form are as per Completion Certificates and have not
been presumed.
Note: If any detail is not mentioned in the Completion Certificate, documentary proof of details
like drawings, LoA, BoQ, Completion Certificate/ Occupation Certificate, copyof final
bill, etc. is to be submitted and uploaded on e-Tender Website along with the
Completion Certificate.
Page 35 of 125
Form - B
Tender for _______________
Sr. 1 2 3 4
No.
1. Name of Work for
which Experience
Certificate has been
submitted
2. Name of Employer
3. Date & Reference No.
of Completion
Certificate
4. Type of Work
5. No. of Basements
6. No. of Storeys
7. Height of Building
(From GF level to
Terrace Floor level)
8. Reference and page
No. of documentary
proof of the detail
missing in the
Completion
Certificate
9. Any Other
If any detail is not mentioned in the Work Completion Certificate, documentary proof of detail
is to be submitted and uploaded on e-Tender Website along with the Completion Certificate.
Page 36 of 125
Form – C
Tender for _______________
Signature of Chartered Accountant/ Statutory Signature of the Bidder along with the Seal
Auditor with Membership Number and Seal
Page 37 of 125
Form – D
Sr. Subject 1 2 3
No.
Notes:
1. Value of work done will be considered commensurate with the value of TDS
Certificates.
2. In case of multiple contracts undertaken from a Employer, details of TDS/ Form 26AS
for each work mentioned above need to be segregated and given separately.
3. This Form needs to be supported with Form -26AS taken in HTML format on Form –
16A
Signature of Chartered Accountant/ Statutory Signature of the Bidder along with the Seal
Auditor with Membership Number and Seal
Page 38 of 125
Form – E
1. This is to state that to the best of our knowledge and information that M/s
having/ registered office address ……………………………………….……
………...………………….. is a customer of the bank and has beenmaintaining his accounts
with our branch since . As per records available with the bank, M/s
................................................................................. can be treated as solvent up to a limit
of Rs .......................... (Rupees in words).
2. It is clarified that the above information is furnished and this certificate is being
issued at the specific request of the customer.
Page 39 of 125
Form – F
General Information
4. Contact Person:
Telephone Nos.
Fax Nos.
Mobile
5. Type of Organization:
(a) An individual
(b) A proprietary firm
(c) A firm in partnership (Attach
copy of Partnership)
(d) A Limited Company
(e) (Attach copy of Article of
Association)
(f) Any other (mention the type)
Page 40 of 125
Form – G
Work Experience Certificate
Name of Contractor
5. Date of start
6. Stipulated date of completion
Page 41 of 125
Form - H
AFFIDAVIT
(To be submitted by bidder on non-judicial stamp paper of Rs.100/ (Rupees Hundred only) duly
attested by Notary Public)
I, ............................... the deponent above named do hereby solemnly affirm and declare as under:
3. I shall have no objection in case the Employer verifies them from issuing authority(ies). I shall
also have no objection in providing the original document(s) in case the Employer demands so for
verification.
4. I hereby confirm that in case, any document, information &/or certificate submitted by me
found to be incorrect/ false/ fabricated, the Employer at its discretion may disqualify / reject /
terminate the bid/contract and forfeit the EMD/ All dues.
5. I shall have no objection in case the Employer verifies any or all Bank Guarantee(s) underany of
the clause(s) of Contract including those issued towards EMD and Performance Guarantee from
the Zonal/ Branch office of issuing Bank and I/We shall have no right or claim on my submitted
EMD before the Employer receives said verification.
6. That the Bank Guarantee issued against the EMD issued by (name and address of the Bank) is
genuine and if found at any stage to be incorrect / false / fabricated, M/s The Employer shall reject
my bid, cancel pre-qualification, and debar me from participatingin any future tender.
7. I hereby confirm that our firm /company is not blacklisted/ barred /banned from tendering by
M/s The Employer If this information is found incorrect, the Employer at its discretion may
disqualify / reject / terminate the bid/contract.
8. The person who has signed the tender documents is our authorized representative. The Company
is responsible for all of his acts and omissions in the tender.
DEPONENT
Verified at ................this.................day of .....................
Page 42 of 125
Form - I
Name
City
Postal Code
Contact Person
Email ID
Page 43 of 125
SECTION-3
Page 44 of 125
1.0 Definitions
In the contract, the following expressions shall, unless the context otherwise requires,
have the meanings hereby respectively assigned to them:
(a) Approval means approval of the Engineer in Charge/Employer, as the case
may be, in writing including subsequent written confirmation of previous
verbal approval, if any.
(b) Authorized Representative of Employer means the person designated by
the Employer/ TPIA and/ or the PMC and shall include their authorized
nominee(s) or agent(s).
(c) Bill of Quantities or Schedule of Quantities means the priced complete bill
of quantities or schedule of quantities forming part of the complete bill of
tender/ tender document.
(d) Contract means the documents forming the tender and acceptance thereof and
the formal agreement executed between the Unitech Group Company andthe
Contractor, together with the documents referred to therein including these
conditions, specifications, designs, drawings and instructions issuedfrom time
to time by the Engineer-in-Charge and all these documents taken together,
shall be deemed to form one contract and shall be complementary to one
another.
(e) Contractor means the individual, firm, or company, whether incorporated or
not, undertaking the works and shall include the legally authorized personnel
and representative of such individual or the persons composing such firm or
company, or the successors of such firm or company and the permitted
assignees of such individual, firm or company.
(f) Contract Value means the sum for which the tender is accepted as per the
letter of Award.
(g) Drawings mean the drawings referred to in the contract document including
modifications, if any, and such other drawings as may from time to time be
furnished and/ or approved by Engineer-in-charge/PMC.
(h) Date of Commencement of Work: The date of commencement of contract
shall be reckoned from the 15th day after the date of issue of Letter of Award.
(i) Employer means Unitech Limited, the holding Company or any of its
subsidiaries/ JV/ affiliate, with its corporate office at 8/13th Floor, Tower-B,
Signature Towers, South City-1, Gurugram-122007, Haryana.
(j) Engineer-in-Charge shall mean the Authorized representative of the
Employer.
(k) Excepted Risks are risks due to riots (other than those among Contractor’s
employees), war (whether declared or not), invasion, act of foreign enemies,
hostilities, civil war, rebellion revolution, insurgency, military or usurped
power, any acts of Government, damages from aircraft, acts of God, such as
earthquake, lightening and unprecedented floods, pandemic and other
Page 45 of 125
causes over which the Contractor has no control and accepted as such by the
Employer or causes solely due to use or occupation by Government/ Employer
of the part of the works in respect of which a certificate of completion has been
issued or a cause solely due to Employer’s faulty design of works.
(l) Language: All documents and correspondence in respect of this contractshall
be in English Language.
(m) Letter of Award (LoA) shall mean Employer’s notification letter conveying its
acceptance of the tender along with the conditions stated therein.
(n) Market Rate shall be the rate as decided by the Engineer-in-Charge on the
basis of the prevailing cost of materials and labour at the site of work where
the work is to be executed plus 15% (Fifteen per cent) to cover all overheads
and profits of the Contractor.
(o) Month means English Calendar month, ‘Day’ means a Calendar Day of 24
Hrs each.
(p) PMC means the Project Management Consultancy agency appointed by the
Employer for the works, its Authorized Representatives, Agents, Successors,
Beneficiaries, and Legal Heirs.
(q) Site means the land and other places on, under, in or through which the works
are to be executed or carried out and any other lands or places provided by the
Employer or used for the purpose of the contract.
(r) Tender or Bid means the tender submitted by the bidder for acceptance by
the Employer.
(s) TPIA means Third Party Inspection & Monitoring Agency i.e. M/s Engineers
India Limited,. Appointed by the Employer for Inspection, Monitoring, Audit &
Quality Control of the works.
(t) Writing means any manuscript type-written or printed statement under or
over signature and/or seal of the concerned, as the case may be.
(u) Work or Works shall, unless there be something in the subject or either
context repugnant to such construction, be construed and taken to mean the
works by or by virtue of the contract contracted to be executed whether
temporary or permanent, and whether original, altered, substituted or
additional.
Notes:
(v) Headings in the clauses/conditions of tender documents are for convenience
only and shall not be used for interpretation of the clause/condition.
(ii) Words imparting the singular meaning only also include the plurals and vice versa
where the context requires. Words imparting persons or parties shall include
firms and corporations and organizations having legal capacities.
Page 46 of 125
2.0 Performance Guarantee
(i) Within 15 (Fifteen) days from the date of issue of Letter of Award (LoA), the Contractor
shall submit an irrevocable Performance Guarantee (as per Form No. VII, Section 4) of
3% (Three per cent) of the tendered amount in addition to other deposits mentioned
elsewhere in the contract for his proper performance of the contract agreement
(notwithstanding and/or without prejudice to any other provisions in the contract).
The Performance Guarantee shall be initially valid up to the stipulated date of
completion of work plus 60 days. In case the time for completion of works gets
extended, the Contractor shall get the validity of Performance Guarantee extended up
to such extent to cover such extended time for completion of work + 60 days. The
performance guarantee shall be returned to the Contractor/ discharged, without any
interest thereon, after issue of the Completion Certificate for the work bythe Engineer-
in-Charge.
(ii) The Employer reserves the right to ask for Additional Performance Guarantee where
the quoted rates are found to be lower by 15% as compared with the rates indicated
in the NIT.
(iii) The Engineer-in-Charge shall make a claim under the performance guarantee except
for amounts to which the Engineer-in-Charge is entitled under the contract (not
withstanding and/or without prejudice to any other provisions in the contract
agreement) in the event of:
(a) Failure by the Contractor to extend the validity of the Performance Guarantee as
described herein above, in which case the Engineer-in-Charge may claim the full
amount of the Performance Guarantee.
(b) Failure by the Contractor to pay any amount due, either as agreed by the
Contractor or determined under any of the Clauses/ Conditions of the
agreement, within 30 days of the service of notice to this effect by the Engineer-
in-Charge.
(c) In the event of the contract being determined or rescinded under provisions of
any of the Clauses/ Conditions of the agreement, the performance guarantee
shall stand forfeited in full and shall be absolutely at the disposal of Engineer- in-
Charge.
3.1 At the time of making payment to contractor towards each running and final bill for
the work done under the contract, the Contractor shall permit the Engineer-in- Charge
to deduct a sum at the rate of 5% (five per cent) of the gross amount of bill till the sum
deducted will amount to security deposit of 5% (five per cent) of the tendered value of
the work. Such deductions will be made and held by the Engineer- in-Charge by way of
Security Deposit unless the Contractor has deposited the amountof Security at the rate
mentioned above in cash or in the form of a Bank Guarantee. At any event, if the Bank
Guarantee is to be revoked by Engineer-in-Charge, and the Bank is unable to make
payment against the said bank guarantee, the loss caused thereby shall fall on the
Contractor and the Contractor shall forthwith, on demand,
Page 47 of 125
furnish additional security to the Engineer-in-Charge to make good the deficit.
3.2 All Compensation or other sums of money payable by the Contractor under the terms
of this contract may be deducted from, or paid by adjustment of a sufficient part of
his security deposit or from the interest arising there from, or from any sums which
may be due to or may become due to the Contractor by Engineer-in-Charge on any
account whatsoever. In the event of his Security Deposit being reduced by reason of
any such deductions or adjustment as aforesaid, the Contractor shall within 10 days
make good in cash or fixed deposit receipt tendered by the State Bank of India or by
any Scheduled Bank or Government Securities (if deposited for more than 12 months)
endorsed in favour of the Employer, any sum or sums which may have been deducted
from, or raised by adjustment of his security deposit or any part thereof.
3.3 Release of Security Deposit
5% Security Money will be released as per following –
(a) 25% of the Retention Money/ Security Deposit will be released after 01 year
from the date of issue of Completion Certificate subject to the condition that any
defects observed during this period are duly rectified/ repaired by the
Contractor at his cost to the satisfaction of the Engineer-in-Charge;
(b) Another 50% of the Retention Money/ Security Deposit will be released after
completion of two years from the date of issue of Completion Certificate subject
to the condition that any defects observed during this period are duly rectified/
repaired by the Contractor at his cost to the satisfaction of the Engineer-in-
Charge;
(c) The balance 25% of the Retention Money/ Security Deposit will be released after
the Defect Liability Period of 5 years from the date of issue of Completion
Certificate subject to the condition that any defects observed during this period
are duly rectified/ repaired by the Contractor at his cost to the satisfaction of the
Engineer-in-Charge;
(d) If any defect arises within defect liability period, it is the contractor’s sole
responsibility to rectify the same at his cost once communicated by the
Engineer-in-Charge in writing as per Clause 42 & 82 below. In case the
contractor fails to rectify the same, then such defect(s) will be got rectified/
repaired by the Employer through any other agency at contractor’s risk and cost.
The cost will be deducted from the security deposit retained towards suchdefect
liability period.
(e) The Contractor may, if he so wishes, get his Security Deposit/ Retention Money
released from the Employer and replace the same with Bank Guarantees, valid
for a period of one year +60 days (25% of the Retention Money), 50% after two
years +60 days and the balance 25% after five years +60 days respectively.
4.1 Mobilization advance up to 5% of the contract value, bearing a simple interest rate of
9% per annum, shall be paid to the Contractor, if requested by him on submission of
irrevocable Bank Guarantee (as per Form VIII of Section 4) of an amount equivalent
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to 110% of the respective instalment of mobilization advance, valid for the entire
contract period from a Scheduled Bank in the enclosed Performa.
4.2 The mobilization advance, if requested, shall be paid in three instalments as follows:
(i) First Instalment of Twenty per cent (20%) of the total mobilization advance shall be
paid after:
(a) Initial mobilisation at the project site;
(b) Submission of bank guarantee in approved Performa (annexed under Forms
and Formats).
This instalment shall be paid if the request is made by the Contractor within 30 days
from date of issue of LOA/LOI.
(ii) Second instalment of Forty per cent (40%) of total mobilization advance shall be paid
after the Contractor has constructed Site Office, storage shed, fabrication yard, site
laboratory, etc. and has physically mobilized plant and machinery, scaffolding &
shuttering materials etc. at site and is ready to start the work to the entire satisfaction
of Engineer-in-Charge and commenced the work at site.
The above instalment will be released subject to the actions at sub-para (ii) above are
performed by the Contractor within 60 days of signing the contract and/or 90 days
from the date of issue of LOA/LOI, whichever is earlier.
(iii) The Balance Forty per cent (40%) of mobilization advance shall be paid to the
Contractor on submission of Utilization Certificate (For this contract only) of 60% of
the mobilization advance for the already paid to him.
4.3 The mobilization advance, including the accrued interest, shall be recovered from each
running account bill of the Contractor in such a manner that the total Mobilization
Advance is recovered when 85% of the contract value gets paid to the contractor.
4.4 The Contractor can submit a single bank guarantee for the entire mobilisation amount
or submit the bank guarantees in parts against the mobilization advances in the
proposed numbers of recovery instalments equivalent to the amount of each
instalment as per Clause 4.1 and 4.2 above. The bank guarantee submitted by
Contractor against mobilization advance shall initially be valid for the entire contract
period and shall be kept renewed from time to time to cover the balance amount
arrived by deducting the amount already recovered along with the accrued interest till
such time.
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as described above. The advance will be paid only on submission of Indemnity
Bond in the prescribed Performa (As per Form XII, Section 4).
(ii) The Contractor shall construct suitable Go-down/ warehouse at the site of
work for safe storage of the materials against any possible damages due to sun,
rain, dampness, fire, theft etc. at his own cost. He shall also employ necessary
watch & ward establishment for the purpose at his risk and costs. No claims
extra charges on account of safe keeping, pilferage or loss for any reason
whatsoever will be tenable or entertained by the Employer.
(iii) Such secured advance shall not be payable on other items of perishable
nature, fragile and combustible. No secured advance shall be paid on high-
risk materials such as glass, sand, petrol, diesel etc.
When materials on account of which an advance has been paid under clause 5.0, are
incorporated in the work, the amount of such advance shall be recovered fromthe
next payment to be made to the Contractor under any of the clauses of this contract.
If there is any inordinate and inexcusable delay in incorporation of the goods and
materials for which the Secured Advance is provided in the permanent work, the
Engineer in Charge may levy interest @ 12% on the value of unutilized goods and
materials from the date on which such goods and materials were scheduled to be
incorporated in the work as per the work completion schedule till the date on which
goods and materials are incorporated in the work.
The Engineer-in-Charge shall have the power to (i) make alteration in, omissions from,
additions to, or substitutions for the original specifications, drawings, designs and
instructions that may appear to him to be necessary or advisable during the progress
of the work, and (ii) omit a part of the works in case of non-availability of a portion of
the site or for any other reasons and the Contractor shall be bound to carry out the
works in accordance with any instructions given to him in writing by the Engineer-in-
Charge and such alterations, omissions, additions or substitutions shall form part of
the contract as if originally provided therein and any altered, additional or substituted
work which is instructed, the contractor shall be bound to carry out the works on the
same conditions in all respects including the price on which he agreed to do the main
work except as hereafter provided in Clause 6.1 and 6.2 below.
The time for completion of the works shall, in the event of any deviations resulting in
additional cost over the tendered value sum being ordered, be suitably extended, if
requested by the Contractor. Such extension in time on account of additional work
shall be proportionate to the value of additional work.
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6.1 Deviations, Extra Items & Pricing
(i) In the case of extra item(s) (items that are completely new and are in addition to the
items contained in the contract), the Contractor may within 15 days of receipt of order
or occurrence of the item(s) submit the rates as per the relevant DSR/DAR supported
by proper analysis which shall include detailed CPWD specifications for the work. The
Engineer-in-Charge shall, within prescribed time limit of 90 days of the date from the
receipt of the claims supported by analysis, determine the rates based on the
contractor submission, and the Contractor shall be paid in accordance with therates so
determined. In case the Contractor fails to claim such scheduled item rate claim within
the prescribed time of 15 days, the rate approved later by the Engineer- in-Charge shall
be binding on the Contractor.
(ii) In the case of extra item(s) (items that are completely new, not a part of the DSR and
are in addition to the items contained in the contract), the Contractor may within 15
days of receipt of order or occurrence of the item(s) submit the rates as per the
relevant market rate claim rates, supported by proper analysis based on relevant
available costs in the DAR which shall include invoices, vouchers etc. and
manufacturer's specifications for the work. The Engineer-in-Charge shall, within
prescribed time limit of 90 days of the date from the receipt of the claims supported
by analysis, determine the rates on the basis of the market rates after giving
consideration to the analysis of the rates submitted by the Contractor, and the
Contractor shall be paid in accordance with the rates so determined. In case the
Contractor fails to claim such market rate claim within the prescribed time of 15 days,
the rate approved later by the Engineer- in-Charge shall be binding on the Contractor.
(iii) In the case of substituted items (items that are taken up with partial substitution or in
lieu of items of work in the contract), the rate for the agreement item (to be
substituted) and substituted item shall also be determined based on the substituted item
being a scheduled item of Schedule A or Schedule B in the manner as mentioned in the
following para:
(a) For Schedule B item, If the market rate for the substituted item so determined
is more than the market rate of the agreement item (to be substituted), the rate
payable to the Contractor for the substituted item shall be the rate for the
agreement item (to be substituted) so increased to the extent of the difference
between the market rates of substituted item and the agreement item (to be
substituted)
(b) For Schedule B item, If the market rate for the substituted item so determined
is less than the market rate of the agreement item (to be substituted), the rate
payable to the Contractor for the substituted item shall be the rate for the
agreement item (to be substituted) so decreased to the extent of the difference
between the market rates of substituted item and the agreement item (to be
substituted).
(c) For Schedule A item, if the scheduled/DSR/DAR rate for the substituted item so
determined is less than the rate of the agreement item (to be substituted), the
rate payable to the Contractor for the substituted item shall be the rate for the
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agreement item (to be substituted) so decreased to the extent of the difference
between the DAR/DSR rates (as prevalent on the day of receiving the bid) of
substituted item and the agreement item (to be substituted).
(d) For Schedule A item, if the scheduled/DSR/DAR rate for the substituted item so
determined is more than the rate of the agreement item (to be substituted), the
rate payable to the Contractor for the substituted item shall be the rate for the
agreement item (to be substituted) so increased to the extent of the difference
between the DAR/DSR rates (as prevalent on the day of receiving the bid) of
substituted item and the agreement item (to be substituted).
The Engineer-in-Charge shall, within prescribed time limit of 90 days from the date
of the receipt of the claims for the substituted item mentioned at Clause 6.1 (iii)
(a), (b), (c) & (d) above, supported by analysis, determine the rates based on the
contractor submission, and the Contractor shall be paid in accordance with the rates
so determined. In case the Contractor fails to claim such rates for the substituted item
within the prescribed time of 15 days, the rate approved later by the Engineer- in-
Charge shall be binding on the Contractor.
(iv) Market rates, in case not available in the DAR/DSR, are to be determined as per various
sub-clauses under clause 6.0 and shall be based on prevailing rates of materials
excluding GST unless mentioned otherwise, relevant authority rate for labour, market
rates of T&P etc. plus 15% towards Contractor’s overheads and profits.
(i) In the case of contract items, substituted items, contract-cum-substituted items, which
exceed the limits laid down in General details (Annexure-I) are scheduled rates
(Schedule A) or have been derived from Scheduled rates based on DSR/DAR, the
Contractor may within fifteen days of receipt of order or occurrence of the excess,
claim revision of the rates, supported by proper analysis for the work in excess of the
above-mentioned limits, provided that if the rates so claimed are in excess of the rates
specified in the latest DSR along with its associated latest cost index adjustments (if
any) as published by CPWD for the DSR, till the date of receipt of the claim, by the
contractor, post adjusting the (below/above/at par percentage quoted by the
contractor in his financial bid for Schedule A rates). The Engineer-in- Charge shall
within prescribed time limit of 90 days from the date of receipt of the claims supported
by analysis, after considering the analysis of the rates submitted by the Contractor,
determine the rates on the basis of the DSR/DAR/Cost Index and the Contractor price
bid shall be paid in accordance with the rates so determined. In case the Contractor
fails to claim such market rate claim within the prescribed time of 15 days, the rate
approved later by the Engineer- in-Charge shall be binding on the Contractor.
(ii) In the case of contract items, substituted items, contract-cum-substituted items, which
exceed the limits laid down in General details (Annexure-I) are NOT scheduledrates
(Schedule A) or have not been derived from Scheduled rates based on DSR/DAR, the
Contractor may within fifteen days of receipt of order or occurrence of the excess,
claim revision of the rates, supported by proper analysis for the work in excess of the
above-mentioned limits, provided that if the rates so claimed are in
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excess of the rates specified in the schedule of quantities. The Engineer-in-Charge shall
within prescribed time limit of 90 days from the date of receipt of the claims supported
by analysis, after giving consideration to the analysis of the rates submitted by the
Contractor, determine the rates on the basis of the market rates (as per invoice,
vouchers from the manufacturers or suppliers submitted by the agency and duly
verified by Engineer-in-Charge or his representative) and the Contractor shall be paid
in accordance with the rates so determined. In case the Contractor fails to claim such
market rate claim within the prescribed time of 15 days, the rate approved later by
the Engineer- in-Charge shall be binding on the Contractor.
(iii) For the purpose of operation/ Accounting of quantities in deviation, the following
works shall be treated as works relating to foundation unless & otherwise defined in
the contract -
(a) For Buildings: All works up to 1.2 meter above ground level or up to floor 1
level, whichever is lower.
(b) For abutments, piers and well staining: All works up to 1.2 meter above the
bed level.
(c) For retaining walls, wing walls, compound walls, chimneys, overhead
reservoirs/ tanks and other elevated structures - All works up to 1.2 meter
above the ground level.
(d) For reservoirs/ tanks (other than overhead reservoirs/tanks) - All works up
to 1.2 meter above the ground level.
(e) For basement - All works up to 1.2 meter above ground level or up to floor 1
level, whichever is lower.
(f) For Roads, all items of excavation and filling including treatment of sub-base.
(iv) Any operation incidental to or necessary for proper execution of the item included in
the Schedule of Quantities or in the schedule of rates mentioned above, whether or
not, specifically indicated in the description of the item and the relevant specifications,
shall be deemed to be included in the rates quoted by the tenderer or the rate given in
the said schedule of rates, as the case may be. Nothing extra shall be admissible for
such operations and such claims will be rejected as submissions for deviations,
deviated quantities and pricing and not be treated tenable under this clause.
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indices prevailing at the time of updated stipulated date of completion considering the
effect of extra work (extra time to be calculated on pro-rata basis only as cost of extra
work x stipulated period/tendered cost). If updated stipulated date of completion as
calculated on pro- rata basis does not cover a full calendar month, then indices will be
considered or restricted to the previous month.
(iii) The increase/ decrease in prices of cement, steel reinforcement and structural steel
shall be determined by the Price indices issued by the Director General, CPWD. Base
price for cement, steel reinforcement and structural steel shall be as issued under the
authority of Director General CPWD applicable for the NCR i.e. Delhi including Noida,
Gurgaon, Faridabad & Ghaziabad and for other places as issued under the authority
of Zonal Chief Engineer, CPWD.
(iv) The amount of the contract shall accordingly be varied for all such materials and will
be worked out as per the formula given below for individual material: -
Adjustment for component of individual material -
V = P x Q x (Cl – Clo)/ Clo
Where,
V = Variation in material cost i.e. increase or decrease in the amount of rupees
to be paid or recovered.
P = Base Price of material as mentioned in the contract
Q = Quantity of material brought at site for bona-fide use in the works since
previous bill excluding any such quantity consumed in the deviated quantity of
items beyond deviation limit and extra /substituted item, paid/to be paid at
rates derived on the basis of market rate under clause 6.2.
CIo = Price index for cement, steel reinforcement bars, structural steel as issued
by DG, CPWD and corresponding to the time of base price of respective
material.
CI = Price index for cement, steel reinforcement bars, structural steel as issued
under the authority of DG, CPWD for period under consideration.
Notes:
(i) In respect of the justified extended period under the provisions of clause 17
of the contract, without any action under clause 8, the index prevailing at the
time of updated stipulated date of completion considering the effect of extra
work (extra time to be calculated on pro-rata basis only as cost of extra work
x stipulated period/ tendered cost) shall be considered.
(ii) If updated stipulated date of completion, as calculated on pro- rata basis, does
not cover full calendar month then the indices will be considered or restricted
to the previous month.
(iii) If during progress of work or at the time of completion of work, it is noticed
that any material brought at site is in excess of requirement, then the amount
of escalation, if paid earlier on such excess quantity of material, shall be
recovered on the basis of cost indices as applied at the time of payment of
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escalation or as prevailing at the time of effecting recovery, whichever is
higher.
(iv) Cement, wherever mentioned in this clause, also includes Cement component
used in RMC brought at site from the outside approved RMC plants, if any.
(v) The date-wise record of ready-mix concrete shall be kept in a register and the
cement consumption for the same shall be calculated accordingly.
(vi) If built-up steel items are brought at site from workshop, then the variation
shall be paid for the structural steel up to the period when the built-up item/
finished product is brought at site or as applicable on the date of purchase of
such material based on the invoice, whichever is lower.
(i) If the Contractor fails (a) to maintain the required progress in terms of clause 17, or
(b) to complete the work and clear the site on or before the stipulated date of
completion of contract or justified extended date of completion as well as any
extension granted under any other clause, he shall, without prejudice to any other right
or remedy available under the law to the Employer on account of such breach, pay as
Penalty the amount calculated at the rates stipulated in sub para (ii) below.
(ii) Compensation for delay of work - With maximum rate @ 0.5% (zero point five per
cent) per week of delay to be computed on per day basis.
Provided always that the total amount of Penalty for delay to be levied under this
condition shall not exceed 10 % (ten per cent) of accepted tendered value.
(iii) In case, penalty for delay has not been decided/ not communicated to the contractor
by the Engineer-in-Charge during the progress of work, it shall not be treated as a
deemed waiver of right to levy penalty by Engineer-in-Charge if the work remains
incomplete on the actual date of completion or the final justified extended date of
completion.
(i) All works under or in the course of execution or executed in pursuance of the contract,
shall at all times be open and accessible to inspection and supervision of theEngineer-
in-charge, his authorized subordinates, and all the superior officers, officer of the Third
Party Inspection and Monitoring Agency (TPIA) of the Employer or any organization
engaged by the Employer for Monitoring and Quality Assurance, during the usual
working hours and at all other times for which reasonable notice of the visit of such
officers will be communicated to the Contractor in writing by the Engineer- in-charge/
Employer/ PMC. Orders given to the Contractor’s authorised representative shall be
considered to have the same force as if they had been given tothe Contractor himself.
(ii) If it shall appear to the Engineer-in-charge or the PMC and/or his authorized
subordinates or to the officer of the TPIA or his subordinate officers that –
(a) Any work has been executed with unsound, imperfect, or unskilful
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workmanship; or
(b) With materials or articles provided by him for the execution of work are
unsound or of a quality inferior to that contracted; or
(c) Otherwise not in accordance with the contract;
the Contractor shall, on demand in writing, which shall be made within twelve months
of the completion of the work from the Engineer-in-Charge specifying the work,
materials or articles complained of notwithstanding that the same may have been
passed, certified and paid for, forthwith rectify, or remove and reconstruct the work so
specified in whole or in part, as the case may require or as the case may be, remove
the materials or articles so specified and provide other approved proper and suitable
materials or articles at his own r i s k , charge and cost including the cost of suitable
barricading around the work front as directed by the engineer in charge.
( i i i ) In such case, the Engineer-in-Charge may not accept the item of work at the rates
applicable under the contract but may accept such items at reduced rates as the
Engineer-in-Charge may consider reasonable during the preparation of on-account
bills or final bill if the item is so acceptable without detriment to the safety and utility
of the item and the structure or he may reject the work outright without any payment
and/or get it and other connected and incidental items rectified, or removed and re-
executed at the risk and cost of the Contractor. Decision ofthe Engineer-in-
Charge will be conveyed in writing in respect of the same and will be final and binding
on the Contractor.
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11.0 Non-Waiver:
Failure of Engineer-in-Charge to insist upon strict performance of any of the terms &
conditions hereof, or failure or delay to exercise any rights or remedies provided
herein or by law or failure to properly notify the Contractor in the event of breach or
the acceptance of or payment for any services hereunder or approval of interim
reports, shall not release the Contractor of any of the warranties or obligations of this
order and shall not be deemed a waiver of any right of Engineer-in-Charge/ Employer/
PMC/ TPIA to insist upon strict performance hereof or of any of its rights or remedies
as to any such services regardless when received or accepted, nor shall any purported
oral modification or rescission of this Order by Engineer-in-Charge operate as a waiver
of the terms hereof.
12.1 Subject to other provisions contained in this clause, the Engineer-in-Charge may,
without prejudice to his any other rights or remedy against the Contractor in respect
of any delay, or not following safety norms, inferior workmanship, any claims for
damages and/ or any other provisions of this contract or otherwise, and whether the
date of completion has or has not elapsed, by notice in writing, absolutely determine
the contract in any of the following cases:
(i) If the Contractor having been given a notice in writing by the Engineer-in-
Charge to rectify, reconstruct or replace any defective work or that the work
is being performed in an inefficient or otherwise improper or in a manner of
unacceptable and poor workmanship, does not comply with the requirement of
such notice for a period of 15 days thereafter; or
(ii) If the Contractor has, without reasonable cause, suspended the progress ofthe
work or has failed to proceed with the work with due diligence so that in the
opinion of the Engineer-in-Charge (which shall be final and binding) he will
be unable to secure completion of the work by the scheduled date for
completion and continues to do so after a notice in writing of 15 days fromthe
Engineer-in-Charge; or
(iii) If the Contractor fails to complete the work within the stipulated date or items
of work/ achieve the milestones with individual dates of completion, if any
stipulated, on or before the stipulated date; and does not complete them within
the period specified in a notice given in writing by the Engineer-in-
Charge: or
(iv) If the Contractor persistently neglects to carry out his obligations under the
contract and/ or commits default in complying with any of the terms and
conditions of the contract and does not remedy it or take effective steps to
remedy it within 15 days after a notice in writing is given to him in that behalf
by the Engineer-in-Charge; or
(v) If the Contractor shall offer or give or agree to give to any person in Employer’s/
PMC/ TPIA service or to any other person on his behalf, any gift or
consideration or make a promise of any kind as an inducement or reward
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for doing or forbearing to do or for having done or forborne to do any action
in relation to the obtaining or execution of this or any other contract for the
Employer/ PMC/ TPIA; or
(vi) If the Contractor being an individual, or if a firm, any partner thereof shall at
any time be adjudged insolvent or have a receiving order or order for
administration of his estate made against him or shall take any proceedings for
liquidation or composition (other than a voluntary liquidation for the purpose
of amalgamation or reconstruction) under any Insolvency law for the time
being in force or make any conveyance or assignment of his effects or
composition or arrangement for the benefit of his creditors or purport to do so,
or if any application be made under any Insolvency law for the time being in
force for the sequestration of his estate or if a trust deed be executed byhim
for benefit of his creditors;
(vii) If the Contractor, being a company, shall pass a resolution or the Court shall
make an order that the company shall be wound up or if a receiver or a manager
on behalf of a creditor shall be appointed or if circumstances shall arise which
entitle the Court or the creditor to appoint a receiver or a manager or which
entitle the Court to make a winding up order;
(viii) If the Contractor assigns (excluding part(s) of work assigned to other agency(s)
by the Contractor as per terms of contract), transfers, sublets (engagement of
labour on a piece-work basis or of labour with materials notto be incorporated
in the work, shall not be deemed to be subletting) orotherwise parts with or
attempts to assign, transfer, sublet or otherwise parts with the entire works or
any portion thereof without the prior written approval of the Engineer -in-
Charge with reference to the General Conditions of Contract.
12.2 When the contractor has made himself liable for action under any of the cases
aforesaid, the Engineer-in-Charge, without prejudice to any other right or remedy
which shall have accrued or shall accrue hereafter to the Employer/ PMC, by a notice
in writing to cancel the contract as a whole or only such items of work in default from
the contract, shall have the powers to:
(i) Determine or rescind the contract as aforesaid in full or in part (of which
termination or rescission notice in writing to the Contractor under the hand
of the Engineer-in-Charge shall be conclusive evidence) and get the same
executed at the risk & cost of the Contractor. Upon such determination or
rescission, Security Deposit already recovered, Security deposit payable and
Performance Guarantee under the contract shall be liable to be forfeited and
shall be absolutely at the disposal of Engineer-in-Charge and unused materials,
construction plants, implements, temporary buildings, etc. shall be taken over
by Engineer-in-Charge and shall be absolutely at the disposal of the Engineer-
in-Charge.
(ii) After giving notice to the contractor to measure up the work of the contractor
and to take such whole, or the balance or part thereof as shall be un-executed
or delayed with reference to the General Conditions of Contract clause no.
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24.0 and/ or relevant clause of Special Conditions of Contract, out of his hands
and to give it to another contractor to complete.
Notes:
(i) The Contractor, whose contract is determined as above, shall not be allowed
to participate in the tendering process for the balance work including any
new items needed to complete the work.
(ii) In the event of the Engineer-in-Charge taking recourse to the above, the
Contractor shall have no claim to Penalty for any loss sustained by him by
reasons of his having purchased or procured any materials or entered into any
engagements or made any advances on account of or with a view to the
execution of the work or the performance of the contract; and
(iii) In case action is taken under any of the provisions aforesaid, the Contractor
shall not be entitled to recover or be paid any sum for any work thereof or
performed under this contract unless and until the Engineer-in-Charge has
certified in writing the performance of such work and the value payable in
respect thereof and he shall only be entitled to be paid the value so certified.
12.3 Any sums in excess of the amounts due to Employer and unsold materials,
constructional plant etc. shall be returned to the Contractor, provided always that if the
cost or anticipated cost of completion of the works or part of the works byEmployer/
PMC/ TPIA is less than the amount which the Contractor would have been paid if he
had completed the works or part of the works, such benefit shall not accrue to the
Contractor.
12.4 In the event of anyone or more of the above courses being adopted by the Engineer- in-
Charge, the Contractor shall have no claim towards Penalty for any loss sustained by
him by reasons of his having purchased or procured any materials or entered into any
engagements or made any advances on such account or with a view to the execution of
the work or the performance of the contract. In case action is taken under any of the
aforesaid provisions, the Contractor shall not be entitled to recover or be paid any sum
for any work thereof or actually performed under this contract unless and until the
Engineer-in-Charge has certified in writing the performance of such work and the value
payable in respect thereof and he shall only be entitled to be paid the value so certified.
12.5 In case, the work cannot be started due to reasons not within the control of the
Contractor within 1/8th of the stipulated time or two months for completion of work,
whichever is lower, either party may close the contract by giving notice to the other
party stating the reasons. In such an eventuality, the Performance Guarantee of the
Contractor shall be refunded within following time limits:
Neither party shall claim any compensation for such eventuality. This clause is not
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applicable for any breach of the contract by either party.
13.0 Contractor liable to pay Compensation even if action not taken under
clause 12.0
In a case where any of the powers conferred upon the Engineer-in-Charge shall
have become exercisable under the relevant clause of the Contract, and the same
are not exercised, the non-exercise thereof shall not constitute an ipsofacto waiver
of any of the conditions hereof. Such powers shall be exercisable in the event of any
future case of default by the Contractor and the liability of the Contractor for Penalty
shall remain unaffected. In the event of the Engineer-in- Charge putting in force all
or any of the powers vested in him under any clause, he may, if he so decides, after
giving a notice in writing to the Contractor, take possession of (or at the sole discretion
of the Engineer-in-Charge, which shall be final and binding on the Contractor), use as
on hire (the amount of the hire money being also in the final determination of the
Engineer-in-Charge) all or any tools, plant, materials and stores, in or upon the works,
or the site thereof belonging to the contractor, or procured by the contractor and
intended to the used for the execution of the work/ or any part thereof, paying or
allowing for the same in account at the contract rates, or in the case of these not
being applicable, at current market rates to be certified by the Engineer-in-Charge,
whose certificate thereof shall be final and binding on the contractor and/or direct the
contractor, clerk of the works, foreman or other authorized agent to remove such tools,
plant, materials, or stores from the premises (within a time to be specified in such
notice) in the event of the contractor failing to comply with any such requisition,
the Engineer-in-Charge may remove them at the contractor’s expense or sell them by
auction or private sale on account of the contractor and his risk in all respects and the
certificate of the Engineer-in-Charge as to the expenses of any such removal and
the amount of the proceeds and expenses of any such sale shall be final and
conclusive against the contractor.
14.0 Carrying out part work at the risk & cost of the Contractor
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may, without prejudice to any other right or remedy against the Contractor, which have
either accrued or accrue thereafter to Employer/PMC, by a notice in writing to take the
part work/ part incomplete work of any item(s) out of his hands and shall have the
powers to:
(a) Take possession of the site and any materials, constructional plant, implements,
stores, etc. thereon; and/or
(b) Carry out the part work/ part incomplete work of any item(s) by any means
at the risk and cost of the Contractor.
The Engineer-in-Charge shall determine the amount recoverable from the Contractor,
if any, for completion of the part work/ part of any incomplete work and execute the
same at the risk and cost of the Contractor. The liability of the Contractor on account of
loss or damage suffered by the Employer because of action under this clause shall not
exceed 10% of the tendered value of the work.
In determining the amount, credit shall be given to the Contractor for the value
of work done in all respects in the same manner and at the same rate as if it had
been carried out by the Contractor under the terms of his contract, the valueof
Contractor's materials taken over and incorporated in the work and use of plant
and machinery belonging to the Contractor. The certificate of the Engineer- in-Charge
as to the value of work done shall be final and binding on the Contractor provided that
action under this clause shall be taken only after giving notice in writing to the
Contractor. Provided also that if the expenses incurred by the Employer are less than
the amount payable to the Contractor at his agreement rates, the difference shall not
be payable to the Contractor.
14.2 Any excess expenditure incurred or to be incurred by the Employer in completing the
part work/ part incomplete work of any item(s) or the excess loss of damages suffered
or may be suffered by the Employer as aforesaid after allowing such credit, shall
without prejudice to any other right or remedy available to the Employer in law or as
per agreement, be recovered from any money due to the Contractor on any account,
and if such money is insufficient, the Contractor shall be called upon in writing and shall
be liable to pay the same within 30 days.
If the Contractor fails to pay the required sum within the aforesaid period of 30 days,
the Engineer-in-Charge shall have the right to sell any or all of the Contractors' unused
materials, constructional plant, implements, temporary building at site etc. and adjust
the proceeds of sale thereof towards the dues recoverable from the Contractor under
the contract and if thereafter there remains any balance outstanding, it shall be
recovered from the Contractor in accordance with the provisions of the contract.
In the event of above course being taken by the Engineer-in-Charge, the Contractor
shall have no claim to compensation for any loss suffered by him by reason of his having
purchased or procured any materials or entered into any engagements or made any
advance on any account or with a view to the execution of the work or the performance
of the contract.
(i) The Contractor shall, on receipt of the order in writing of the Engineer-in-charge
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(whose decision shall be final and binding on the Contractor), suspend the progress
of the works or any part thereof for such time and in such manner as the Engineer-in-
charge may consider necessary for any of the following reasons:
(a) On account of any default on part of the Contractor, or
(b) For proper execution of the works or part thereof for reason other than the
default of the Contractor, or
(c) For safety of the works or part thereof.
(ii) The Contractor shall, during such suspension, properly protect and secure the works
to the extent necessary and carry out the instructions given in that behalf by the
Engineer-in-charge.
(iii) If the suspension is ordered for reasons (b) and (c) in sub-Para (i) above.
(a) The Contractor shall be entitled to an extension of time equal to the periodof
every such suspension PLUS 25%, for completion period. No adjustment in
contract price will be allowed for reasons of such suspension.
(b) In the event of the Contractor treating the suspension as an abandonment of the
Contract by Employer, he shall have no claim to payment of any Penalty on
account of any profit, loss of profit or advantage, which he may have derived from
the execution of the work in full.
Without prejudice to any of the rights or remedies under this contract, if the Contractor
dies, the Engineer-in-Charge shall have the option of terminating the contract without
any Penalty to the Contractor.
17.1 The time allowed for execution of the Works as specified or the extended time in
accordance with the conditions as per this clause shall be the essence of the Contract.
The execution of the work shall commence from the 15th day of issue of LoA or from the
date of handing over of the site, notified by the Engineer-in-Charge, whichever is later.
If the Contractor commits default in commencing the execution of the work as
aforesaid, the performance guarantee shall be forfeited by the Engineer-in-Charge
and shall be absolutely at the disposal of the Engineer-in-Charge without prejudice to
any other right or remedy available in law.
17.2 As soon as possible but within 10 days of award of work:
(i) The Contractor shall submit a Time and Progress Chart for each milestone as per the
format required by the engineer-in-charge. The Engineer-in-Charge may, if required,
within 30 (Thirty) days thereafter modify, and communicate the approved program
to the Contractor, failing which the program submitted by the Contractor shall be
deemed to be approved by the Engineer-in-Charge. The work programme shall include
all details of drawings and decisions required to complete the contract with specific
dates by which these details are required by the Contractor without causing any delay
in execution of the work. The Chart shall be prepared in direct relation to
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the time stated in the Contract documents for completion of items of the works. It shall
indicate the forecast of the dates of commencement and completion of various
activities of the work and may be amended as necessary by agreement between the
Engineer-in-Charge and the Contractor within the overall limitations of time imposed
in the Contract documents.
(ii) In case of non-submission of construction programme by the Contractor, the program
approved by the Engineer-in-Charge shall be deemed to be final.
(iii) The approval by the Engineer-in-Charge of such programme shall not relieve the
Contractor of any of the obligations under the contract.
(iv) The Contractor shall submit the Time and Progress Chart using the mutually agreed
software or in other format decided by Engineer-in-Charge for the work done during
the previous month to the engineer in charge on or before the 7th day of each month
with S curves of the proposed planning vs actual execution progress.
17.3 If the work(s) be delayed by -
(i) force majeure; or
(ii) abnormally bad weather; or
(iii) serious loss or damage by fire; or
(iv) civil commotion, local commotion of workmen, strike or lockout, affecting any
of the trades employed on the work; or
(v) delay on the part of other Contractors or tradesmen engaged by Engineer-in-
Charge in executing work not forming part of the Contract; or
(vi) any other cause like above which, in the reasoned opinion of the Engineer-in-
Charge is beyond the Contractor's control;
then upon the happening of any such event causing delay, the Contractor shall
immediately give notice thereof in writing to the Engineer-in-Charge but shall
nevertheless constantly use his best endeavours to prevent or make good the delay and
shall do all that may be reasonably required to the satisfaction of the Engineer-in-
Charge to proceed with the works.
The Contractor shall have no claim of damages for extension of time granted or
rescheduling of milestone/s for events listed in above sub clauses and he shall update
the progress schedule reports submitted at above Clause for all such delays once they
are approved by the engineer in charge based on the contractor submittals as defined
in Clause below.
17.4 In case the work is hindered by the Employer for any reason/event, for which the
Employer is responsible, the Engineer-in-Charge shall, if justified, give a fair and
reasonable extension of time and reschedule the milestones for completion of work.
Such extension of time or rescheduling of milestone/s shall be without prejudice to any
other right or remedy of the parties in contract or in law. Provided further that for
concurrent delays under this clause and sub clause 17.3 to the extent the delay is
covered under sub clause 17.3, the Contractor shall be entitled to only extension of time
and no damages and/or claims on this account.
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17.5 Request for rescheduling of Milestones or extension of time, to be eligible for
consideration, shall be made by the Contractor in writing within ten days of the
happening of the event causing delay. The Contractor shall indicate in such a request
the period by which rescheduling of milestone/s or extension of time is required.
17.6 In case the work is delayed by the Contractor for any reasons, in the opinion of the
Engineer-in-Charge, beyond the events mentioned in clause 17.3 or clause 17.4 and
beyond the justified extended date, without prejudice to the right to take action, the
Engineer-in-Charge may grant extension of time required for completion of work
without rescheduling of the milestones. The Contractor shall be liable for levy of
Penalty for delay for such extension of time.
18.0 Time allowed for carrying out all the works as entered in the tender shall be as
mentioned in the “GENERAL DETAILS (Annexure-I)” which shall be reckoned from the
15th day from the date on which the letter of Award is issued to the Contractor or the
date of handing-over of site whichever is later. Time shall be the essence of the contract
and contractor shall ensure the completion of the entire work within the stipulated
time of completion
18.1 The contractor shall also furnish within 15th days of date of issue of letter of Award a
CPM network/ PERT chart/ Bar Chart for completion of work within stipulated time.
This will be duly got approved from the Engineer-in-Charge. This approved Network/
PERT Chart shall form a part of the agreement. Achievement of milestones as well as
total completion has to be within the time period allowed.
18.2 Contractor shall mobilize and employ sufficient resources for completion of all the
works as indicated in the agreed BAR CHART/PERT Network. No additional payment
will be made to the contractor for any multiple shift work or other incentive methods
contemplated by him in his work schedule even though the time schedule is approved
by the Engineer-in-Charge.
18.3 During the currency of the work the contractor is expected to adhere to the time
schedule on milestone and total completion and this adherence will be a part of
Contractor’s performance under the contract. During the execution of the work
contractor is expected to participate in the review and updating of the Network/BAR
CHART undertaken by the Engineer-in-Charge. These reviews may be undertaken at
the discretion of Engineer-in-charge either as a periodical appraisal measure or when
the quantum of work order on the contractor is substantially changed through
deviation orders or amendments. The review shall be held at site or any of the offices
of Employer/PMC at the sole discretion of Engineer-in-Charge. The contractor will
adhere to the revised schedule thereafter. The approval to the revised schedule
resulting in a completion date beyond the stipulated date of completion shall not
automatically amount to a grant of extension of time to the contractor.
18.4 Contractor shall submit (as directed by Engineer-in-Charge) progress reports on a
computer-based program (program and software to be approved by Engineer-in-
Charge) highlighting status of various activities and physical completion of work. The
contractor shall send completion report with as built drawings to the office of
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Engineer-in-Charge, in writing within a period of 30 days of completion of work.
18.5 At least 10 Nos dated photographs of the project taken on last day of every month
indicating progress of work (in soft copies) shall be attached along with the physical
progress reports to be submitted to Engineer-in-charge.
18.6 The defined timelines for documents to be submitted post-award, though mentioned at
various other places, are summarised as under:
From issue of
Sr. Letter of Award
Document Title
No.
(On or before)
1 Time & Progress Chart for each mile-stone 10 days
2 Date of Commencement of Work 15th day
Details of Contractor’s Authorised Representative taking
3 15 days
instructions from Engineer-in-charge
4 Updated Overall Project Schedule 15 days
CPM network/ PERT chart/ Bar Chart for completion of
5 15 days
work within stipulated time
Submission of Irrevocable Performance Bank
6 15 days
Guarantee (5% of tendered amount)
7 Quality Assurance Programme/ Plan 30 days
8 Detailed contract coordination procedure 30 days
Site organizational chart and individual personnel
9 resume, including details of experience of the Project-in- 30 days
Charge and other staff proposed to be deployed by him
10 Insurance Policies 30 days
19.1 The contract price is inclusive of all taxes, duties, cesses, fees, charges, interest/ late
fees, incidental expenses, and statutory levies payable under any law (as applicable on
the date of submission of bid) by the Contractor in connection with execution of the
contract) but excluding the GST as applicable. The contract price shall be adjusted
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for any increase/ decrease in the rate of GST on works contract as notified by
Government of India, from time to time..
19.2 Notwithstanding anything contained in clause 19.1, the Contractor shall ensure
payment of applicable taxes on the supplies made under the contract. The Contractor
shall take registration under the applicable enactment levying tax on supply of goods
or services under the contract and issue invoices having all the particulars prescribed
under the applicable provisions of law, including description of goods/services, rate
and amount of tax paid or payable on the supplies made under the contract, so that the
Employer can avail credit of such tax, wherever applicable. The Contractor shall
comply with all applicable provisions of Goods and Service Tax (GST) levied by Union
Government and State Governments/ Union Territories (CGST, UTGST, SGST andIGST).
The Contractor shall get himself registered and discharge his obligations for payment
of taxes, filing of returns on time etc. under the appropriate provisions of law in respect
of all the taxes, duties, levies, cess, etc. The Employer would have the right to seek
necessary evidence that the Contractor is registered under the law and duly
discharging its obligations under the tax laws, enabling the Employer to avail input tax
credit, wherever admissible.
Whenever any GST, interest, penalty, late fees etc. is payable by the Employer on
reversal of Input Tax Credit (ITC) or through cash payment under GST Act or rules due
to default on Contractor’s part, such as, non-filing/ late filing of GST returns, non-
payment/ late payment of GST liabilities, delay in issue of invoices or non- appearance
of GST invoice on the GST portal within the prescribed period, then in such an
eventuality, the amount of GST, interest, penalty, late fees, if any, liable to be paid by
the Employer under the said contract shall be borne by the Contractor and shall be
recoverable from him.
19.3 In case the Contractor does not deposit the tax payable on execution of the contract, or
has not provided the tax invoice to the Employer showing the amount of tax, orhas
not uploaded the document in computerized tax network as per prevailing law, leading
to non-availability of inputs credit of the tax to Employer, the amount equivalent to
such tax shall be retained or withheld from the subsequent RA Bill or payment to be
made to the contractor on any account by the Employer till such time that the
contractor ensures availability of input credit of the tax to the Employer.
19.4 The Contractor will be under obligation for charging correct rate of tax as prescribed
under the respective tax laws from time to time during the entire duration of the
contract. Further, the contractor shall avail and pass on benefits of all
exemptions/concessions available under the tax laws to the Employer.
19.5 The Contractor will ensure its registration with the respective tax authorities and
submit self-attested copy of such registration certificates to the Employer within 30
days of the award of LOA. The Contractor will be responsible for procurement of
material on its own registration (GSTIN) and also to issue/ arrange its own Road
Permit/ E-way Bill, if applicable, and comply with the statutory laws of the concerned
state.
19.6 Any error of interpretation of applicability of taxes/ duties by the Contractor shall be
to the Contractor's account. The classification of Goods & Services as per GST Act and
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charging of correct rate of tax as prescribed under the respective tax laws should be
correctly done by the Contractor to ensure that input credit benefit is not lost to the
Employer on account of any error on the part of the Contractor or its sub-
contractor/vendor. The contractor must ensure that Employer is not subjected to any
additional liability towards payment of applicable taxes & duties as a result of wrong
classification, valuation, assessment/ interpretation of applicable taxes & duties by the
Contractor and the contractor will reimburse all losses on this account to the Employer
(if any).
19.7 GST shall be applicable on all advance payments as per GST Act, Rules and relevant
notifications thereunder.
19.8 Stamp duty and registration charges, if any, under Income Tax/ GST Act, payable
towards the execution of any and all contract documents/agreements, shall be borne
by the Contractor.
19.9 Tax deduction at source (TDS), if any, under Income Tax/ GST Act, shall be made by
the Employer as per law applicable from time to time, from the amount payable to the
Contractor.
19.10 Statutory variations on IGST/ CGST/ SGST/ UTGST (included in quoted prices) in case
of imported materials from outside India in Contractor’s name (i.e. for Indian Bidders)
shall be to the Contractor’s account.
19.11 New Taxes & Duties
All new taxes, duties, cess, levies notified or imposed after the due date of submission
of last/ final price bid before the contractual date of completion of work (including
extended contractual completion period for the reasons attributable to the Employer
or due to Force Majeure condition), shall be to the Employer’s account. These shall be
reimbursed against documentary evidence. In case of reduction/elimination of taxes,
the necessary credit shall be given to the Employer. However, in case of delays
attributable to the Contractor, any new or additional taxes and duties imposed after
the Scheduled Completion Date, as above, shall be to the Contractor's account.
19.12 Any Other Taxes Duties and Levies
(i) Except as hereinabove specified, the Contractor shall be liable for and shall pay all fees,
cesses, taxes, duties and levies assessable against the Contractor in respect of or
pursuance to the Contract. If any legal/ departmental proceedings are initiated against
the Contractor for short levy or non-levy of taxes, he shall be fully responsibleto defend
the same at his own.
(ii) In addition, the Contractor shall be responsible for payment of all duties, levies, and
taxes assessable against the Contractor or Contractor’s employees or Sub- Contractor’s
whether corporate or personal as applicable in respect of property.
(iii) The Contractor shall accept sole liability for the payment of any and all taxes, duties,
cesses and levies, as are payable to any government, local or statutory authority in any
country other than India as are now in force or as are hereinafter imposed, increased
or modified and as are payable by the Contractor, his agents, Sub- Contractors and
Suppliers and its/their respective employees for or in relation to the performance of
this Contract. The Contractor shall be deemed to have been fully
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informed with respect to all such liabilities and shall deemed to have considered and
included the same in his bid. The quoted Price shall not be varied in any manner on
this account.
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Workers’ Welfare Cess Act, 1996, the Building and Other Construction
Workers’ (Regulation of Employment and Condition of Service) Central Rules,
1998 and the Building and Other Construction Workers’ Welfare Cess Rules,
1998.
(ii) Prices quoted by the bidder shall be deemed to be inclusive of construction
workers cess/ labour cess.
(iii) Cess as per the prevailing rate, shall be deducted at source from the bills of the
Contractor and remitted to the “Secretary, Building and Other Construction
Workers Welfare Board” of the concerned State by the Employer as per
regulations. The Contractor shall be responsible to submit final assessment
return of the cess amount to the assessing officer after adjusting the cess
deducted at source.
The cost of procurement of materials required for construction, including the Royalty,
Cess, Toll, Octroi, if applicable for procurement/ supply of materials such as bajri,
stone, kankar, sand, ordinary earth and other materials etc. shall be deemed to be
included in the quoted rates and nothing additional would be payable on this account.
22.1 Contractor is required to take ‘Contractor’s All Risk Policy’ or ‘Erection All Risk Policy’,
as the case may be, before start of work from an approved insurance company in the
joint name with first name of Employer and bear all costs towards the same for the
full period of execution of works for the full amount of contract against all loss of
damage from whatever cause arising other than excepted risks for which he is
responsible under the terms of the contract and in such manner that the Employer and
his authorized representatives and the Contractor are covered during the period of
construction of works for loss or damage in respect of:
(i) The work and the temporary works to the full value of such works.
(ii) The materials, constructional plant, centring, shuttering and scaffolding
materials and other things brought to the site for their full value.
The Contractor is required to submit the original policy document and the
receipt for payment of the current premium to the Employer.
22.2 Insurance under Workmen Compensation Act
(i) Contractor is required to take insurance cover under the Workman
Compensation Act, 1923 amended from time to time from an approved
insurance company and pay premium charges thereof.
(ii) The Contractor is required to submit the original policy document and the
receipt for payment of the current premium to Employer.
22.3 Third Party Insurance
(i) Contractor is required to take third party insurance cover for an amount of
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5% (five per cent) of contract value from an approved insurance company for
insurance against any damage, injury or loss which may occur to any person or
property including that of Employer, arising out of the execution of works or
temporary works.
(ii) The Contractor is required to submit the original policy document and the
receipt for payment of the current premium to Employer.
(iii) Engineer-in-charge to ensure that Insurance policies are submitted by the
Contractor within 30 days from the date of issue of LOA. In case of failure of
the Contractor to obtain Contractors All Risk Policy, insurance under
Workman Compensation Act and third-party insurance as described above,
Employer reserves the right of forfeiture of the Performance Bank Guarantee.
(iv) If the Contractor could not effect a comprehensive insurance cover against
risks which he may be required to effect under the terms of the contract, then
he shall give his attention and even in case to get the best insurance cover
available of effecting a wider insurance cover than the one which the
subsidiary of the General Insurance Company could offer, such an insurance
is ought to be done after the Employer’s approval, by or through the subsidiary
of the General Insurance Company.
22.4 The Contractor shall at all times indemnify the Employer against all claims, damages
or compensation under the provision of Payment of Wages Act 1936, Minimum Wages
Act 1948, Employer’s Liability Act 1938, the Workmen’s Compensation Act 1947,
Industrial Disputes Act 1947 and Maternity Benefit Act 1961 or any modifications
thereof or any other law in force or as a consequence of any accident orinjury to any
workman or other persons in or about the works, whether in theemployment of the
Contractor or not, against all costs, charges and expenses of any suit, action or
proceedings arising out of such incident or injury and against all sumor sums which
may, with the consent of the Contractor, be paid to compromise or compound any such
claim. Without limiting his obligations and liabilities as above provided, the Contractor
shall insure against all claims, damages or compensation payable under the
Workmen’s Compensation Act 1923 or any modification thereof or any other law
relating thereto.
23.0 Payments
23.1 All running payments shall be regarded as payments by way of advance against the
final payment only and not as payments for work actually done and completed and/or
accepted by Engineer-in-Charge and shall not preclude the recovery for bad, unsound
and imperfect or unskilled work to be removed and reconstructed or re- erected. The
final bill shall be submitted by the Contractor within three months of thecompletion of
work otherwise Engineer-in-Charge’s certificate of the total measurement shall be
binding on the Contractor.
(i) Intermittent progress Photographs, as and when required, shall also be
provided by the Contractor at his own cost as per the direction of Engineer- in-
Charge. No payment of running account bill shall be released unless it is
accompanied by photographs, Monthly Progress Report and tax invoices as
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stated above.
(ii) It may be noted that GST shall be recoverable as extra on all applicable
recoveries e.g. Workmen recovery, compensation etc. made from the bills of
Contractor.
(iii) The Running Bills will be submitted by the Contractor (in 4 copies), complete
in all respects, on a monthly basis. The Engineer-in-Charge shall process and
verify the same within 15 days of submission of the bill, complete in all
respects, who shall then forward the same with his certification to the
Employer. The Employer will make every effort to process the payment thereof
within 15 days of receipt of the certified bill from the Engineer-in- Charge.
(iv) All payments shall be released by way of e-transfer through RTGS in India
directly to their Bank account by the Employer.
(v) No Running Account Bill shall be paid for the work till the labour licenses,
registration with EPFO, ESIC and BOCW Welfare Board, whatever applicable,
is submitted by the Contractor to the Engineer-in-Charge/Employer.
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23.3 Opening of Designated Bank Account for the Project
(i) The Contractor shall maintain a separate bank account with a Scheduled Bank
for the purpose of receiving all payments under the Contract and for utilization
of payments received from the Employer for disbursement to sub- Contractors,
sub-vendors, PRW’s, suppliers etc. for this contract. The Contractor shall
maintain separate Books of Account for all payments under this contract and
the Engineer-in-Charge shall have access to it at all times.
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25.0 Computerised Measurement Books
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26.0 Withholding & Lien In Respect of Sums Due From Contractor
(i) Whenever any claim or claims for payment of a sum of money arises out of or under
the contract or against the Contractor, Employer shall be entitled to withhold and also
have a lien to retain such sum or sums in whole or in part from the Security Deposit by
the Contractor and for the purpose aforesaid, Employer shall be entitled to withhold
the security deposit, if any, furnished as the case may be and also have a lien over the
same pending finalization or adjudication of any such claim. In the eventof the security
being insufficient to cover the claimed amount or amounts or if no security has been
taken from the Contractor, Employer shall be entitled to withhold and have a lien to
retain to the extent of such claimed amount or amounts referred to above, from any
sum or sums found payable or which may at any time thereafter become payable to
the Contractor under the same contract or any other contract pending finalization of
adjudication of any such claim.
(ii) It is an agreed term of the contract that the sum of money or moneys so withheld or
retained under the lien referred to above by the Engineer-in-Charge or Employer will
be kept withheld or retained till the claim arising out of or under the contract is
determined by the competent authority and that the Contractor will have no claim
for interest or damages whatsoever on any account in respect of such withholding or
retention under the lien referred to above and duly notified as such to the Contractor.
For the purpose of this clause, where the Contractor is a partnership firm or a limited
company, the Engineer-in-Charge or the Employer shall be entitled to withhold and
also have a lien to retain towards such claimed amount or amounts in whole or in part
from any sum found payable to any partner/ limited company, be whether in his
individual capacity or otherwise, as the case may be. Employer shall have the right to
cause an audit and technical examination of the works and the final bills of the
Contractor including all supporting vouchers, abstract etc. to be made after payment
of the final bill and if as a result of such audit and technical examination any sum is
found to have been overpaid in respect of any work done by the Contractor under the
contract or any work claimed to have been done by him under the contract and found
not to have been executed, the Contractor shall be liable to refund the amount of over-
payment and it shall be lawful for Employer to recover the same from him in any other
manner legally permissible. If it is found that the Contractor was paid less than what
was due to him under the contract in respect of any work executed by him under it, the
amount of such under payment shall be duly paid by Employer to the Contractor,
without any interest thereon whatsoever.
Any sum of money due and payable to the Contractor (including the security deposit
returnable to him) under the contract may be withheld or retained by way of lien by
the Engineer-in-Charge or by Employer against any claim of Engineer-in-Charge or
Employer in respect of payment of a sum of money arising out of or under any other
contract made by the Contractor with the Engineer-in-Charge or the Employer. It is
an agreed term of the contract that the sum of money so withheld or retained under
this clause by the Engineer-in-Charge or the Employer will be kept withheld or
retained till his claim arising out of the same contract or any other contract is either
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mutually settled or determined by the Competent Authority, as the case may be, and
that the Contractor shall have no claim for interest or damages whatsoever on this
account or on any other ground in respect of any sum of money withheld or retained
under this clause and duly notified as such to the Contractor.
(i) All items of work in the bill of quantities/ schedule of quantities shall be carried out as
per the CPWD specifications, drawings and instructions of the Engineer-in- Charge
and the rates shall include procurement and supply of required materials including
proper storage, consumables, skilled & unskilled labour, supervision and tools, plant
& machinery complete as called for in the detailed specifications and conditions of the
contract. Latest updated CPWD specifications shall be followed for execution of work.
(ii) The Contractor shall execute the whole of the work in the most substantial and
workman like manner for materials and otherwise in all other aspects in strict
accordance with the specifications. The Contractor shall also conform exactly, fully and
faithfully to the design, drawings and instructions in writing in respect of the work
assigned by the Engineer-in-Charge.
(iii) The Contractor shall comply with the provisions of the contract and execute the works
with due care and diligence and maintain the works and provide all labour and
materials, tools and plants, including for measurements and supervision, of all works,
structural plans and other things of temporary or permanent nature required for
such execution and maintenance in so far as the necessity for providing these, is
specified or is reasonably inferred from the contract. The Contractor shall take full
responsibility for adequacy, suitability, and safety of all the works and methods of
construction.
(i) The Contractor shall, at his own expense, provide all materials required for the works.
The Contractor at his own expense and without delay provide to the Engineer-in-
Charge samples of materials to be used on the work and shall get the same approved
in advance. In some cases, the contractor would be instructed by the engineer in charge
to create mood boards with a set of samples being available at the same place and time
to justify the design aspects for getting Employer’s approvals.All such materials to
be provided by the Contractor shall be in conformity with the specifications laid down
or referred to in the contract. The Contractor shall, if requested by the Engineer-in-
Charge, furnish proof to the satisfaction of the Engineer-in-Charge regarding the
material being conforming to the specifications. The Contractor shall submit the
samples of materials to be tested or analysed and bear all charges and cost of testing
unless specifically provided for otherwise elsewhere in the contract or specifications.
(ii) The Engineer-in-Charge or his authorized representative/ Employer/ PMC/ TPIAshall
at all times have access to the works and to all workshops and places where
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work is being prepared or from where materials, manufactured articles, equipment’s
or machinery are being obtained for the works and the Contractor shall offer every
assistance in obtaining the right to visit and ensure physical visit to such works as
directed by engineer-in-charge. The cost for travelling and accommodation to these
works of the engineer in charge or his authorized representatives will be borne by
the Employer/ PMC/ TPIA apart from those specifically written in the Special
conditions of contract. However, the costs towards the contractor or his
representatives towards the costs of such visits will be borne by the contractor. The
Engineer-in-Charge shall have full powers to instruct the contractor for acceptance,
rejection, improvement or substitution prior to delivery on site of any such material
that he might have undertaken to inspect the materials at the works.
(iii) The Engineer-in-Charge shall have full powers to instruct the contractor for removal
of all materials from the site/premises, which in his opinion are not in accordance with
the specifications. In case of default, the Engineer-in-Charge shall be at liberty to
employ at the expense of the Contractor, other persons to remove the same without
being answerable or accountable for any loss or damage that may happen or arise to
such materials. The Engineer-in-Charge shall also have full power to require other
proper materials to be substituted thereof and in case of default, the Engineer-in-
Charge may cause the same to be supplied by others at the risk and cost of the
contractor. All such costs for removal and substitution shall be borne by the
Contractor.
(iv) The Contractor shall ensure that the materials are brought to the site in original sealed
containers (except where the packing, bearing manufacturer’s markings and brands,
and quantity required is a fraction of the smallest packing). Materials not complying
with this requirement shall be rejected. The empty containers of such materials shall
not be destroyed/disposed-off without the permission of Engineer-in-Charge or his
authorized representative.
(v) The Contractor shall produce receipt vouchers showing quantity of materials to satisfy
the Engineer-in-Charge that the materials comply with the contract stipulations. These
vouchers shall be endorsed, dated and signed by the Contractor. A certified copy of
each such voucher signed both by the Engineer-in-Charge and the Contractor shall be
kept on record.
(i) The materials/products used on the works shall be one of the approved makes/
brands out of the list of approved manufacturers/ brands/ makes given in the tender
document. The Contractor shall submit samples/specimens out of approved makes to
the Engineer-in-Charge for prior approval.
(ii) In case single brand/ make are mentioned, other equivalent makes/ brands may be
considered by the Engineer-in-Charge on the request of the Contractor. In case of
variance in CPWD/IS/BIS specifications from approved products/makes specification,
the specification of approved product/ make shall prevail for which nothing shall be
paid extra to the Contractor. In case no make or brand of any materials, articles, fittings
and accessories etc. is specified, the same shall comply with the relevant Indian
Standard Specifications and shall bear the ISI/BIS mark
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and meet the contractual specifications. The Engineer-in-charge shall have the
discretion to the check quality of materials and equipment to be incorporated in the
work, at source of supply or site of work and even after incorporation in the work. The
Contractor shall provide the necessary facilities and assistance for this purpose.
(iii) The above provisions shall not absolve the Contractor from the quality of final product
and in getting the material and workmanship quality checked and approved from the
Engineer-in-Charge/Employer.
(iv) The Contractor shall well in advance, produce samples of all materials, articles, fittings,
accessories etc. that he proposes to use and get them approved in writing by the
Engineer-in-Charge. The materials, articles etc. as approved shall be labelled as such
and shall be signed by Engineer-in-Charge and the Contractor’s representative.
(v) The approved samples shall be kept in the custody of the Engineer-in-Charge till
completion of the work. Thereafter the samples, except those destroyed during testing,
shall be returned to the Contractor. No payment will be made to the Contractor for the
samples or samples destroyed in testing.
(vi) The Contractor shall set up and maintain at his cost, a field-testing laboratory for all
day-to-day tests at his own cost to the satisfaction of the Engineer-in-Charge. This
field-testing laboratory shall be provided with equipment and facilities to carry out
all mandatory field tests as per CPWD specifications. The Field-testing laboratory shall
be constructed and installed with appropriate facilities. Temperature and humidity
controls shall be available, wherever necessary, during the testing of sample(s). All
equipment shall be provided by the Contractor so as to be compatible with the
specified testing requirements.
(vii) The Contractor shall maintain all the equipment in good working condition for the
duration of the contract. The Contractor shall provide/ deploy approved qualified
personnel to run the laboratory for the duration of the Contract. The number of staff
and equipment available must be sufficient to keep pace with the sampling andtesting
programme as required by the Engineer-in-charge. The Contractor shall fully service
the site laboratory and shall supply everything necessary for its proper functioning,
including all transport needed to move equipment and samples to and from sampling
points on the site, etc. All measuring devices/equipment shall be calibrated, and
Contractor shall keep the records of valid calibration certificates of devices/
equipment at the field laboratory for inspection by Engineer-in-Charge at all times.
All field tests shall be carried out in the presence of Engineer-in-Charge or his
representative.
(viii) All costs towards samples, materials, collection, transport, manpower, testing etc. shall
be borne by the Contractor and are deemed to be included in the rates quotedby him
in the bill of quantities.
(ix) In the case of certain materials pertaining to mechanical, electrical, and plumbing
(MEP) works, the Contractor shall be responsible for getting the items tested from
Employer/ PMC approved laboratories at his own cost as per the tests written in the
Special conditions of contract (SCC) or as deemed fit by engineer in charge, when it is
not found feasible to establish a testing facility at site in respect of such items.
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30.0 Makes of Materials
The materials required to be supplied by the Contractor under this contract shall be
procured from the list of approved manufacturers/ brands/ makes enclosed in the
contract document. Where the makes of materials are not indicated in the Bidding
document, Contractor shall furnish the details of makes/ brands and shall obtain prior
approval of Engineer-in-Charge before placing order.
If any material for the execution of this contract is procured with the assistance of
Engineer-in-Charge by issue from its stores, the Contractor shall use the said materials
solely for the purpose of contract and shall not dispose them without the permission
of Engineer-in-Charge. The rate for these materials shall be as per the contract or as
per the material rates of DSR (if applicable)/Market Rate + GST. The Contractor shall
deploy security personnel for safe-keeping and safeguarding of all such materials
procured at site and handed over to the contractor by the Engineer-in-Charge. The
contractor will satisfy himself with the quantity, specifications and quality of the
material being procured with the assistance of the Engineer in charge so as to ensure
that the works are done in accordance with the contractual stipulations. The
contractor is not allowed to raise any claim/deviation/relaxation on the use of any/all
such material post the handover of the material by the Engineer-in-Charge. The
contractor though can submit his objections in writing for the consideration of the
engineer in charge prior to accepting the handover of any/all such material.
The Contractor shall provide at his own cost all materials, machinery, tools & plants
as required for execution of the work. In addition to this, appliances, implements, other
plants, ladders, cordage, tackle, scaffolding and temporary works required for the
proper execution of the work, whether original, altered or substituted and whether
included in the specifications or other documents forming part of the contract or
referred to in these conditions or not, or which may be necessary for the purpose of
completion of the work. The Contractor shall also supply without any charge the
requisite number of persons with the means and materials, necessary for the purpose
of setting out works, and counting, weighing and assisting in the measurement or
examination at any time and from time to time of the work or materials. In the event
of his failure to do so, the same may be provided by the Engineer-in-Charge at the
expense of the Contractor and the expenses thereon shall be recovered from any
money due to the Contractor under this contract or otherwise and/ or from his security
deposit.
(i) All expenses towards mobilization at site and de-mobilization including bringing in
equipment, work force, materials, dismantling the equipment, clearing the site etc.
shall be deemed to be included in prices quoted and no separate payment on account
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of such expenses shall be entertained.
(ii) It shall be solely the Contractor’s responsibility to provide, operate and maintain all
necessary construction equipment, scaffoldings and safety, gadget, lifting tackles,tools
and appliances to perform the work in a workman-like and efficient manner and
complete all jobs as per the specifications and within the scheduled time of completion
of work. Contractor shall also be responsible for obtaining temporary electric and
water connections for all purposes. The Contractor shall also make standby
arrangements for un-interrupted supply of water & electricity.
(iii) The procurement and supply in sequence and at the appropriate time of all materials
and consumables shall be solely the Contractor’s responsibility and his rates for
execution of work shall be inclusive of supply of all these items.
(iv) It is mandatory for the Contractor to provide safety equipment and gadgets to all his
workers, supervisory and technical staff engaged in the execution of the work while
working. The minimum requirement (but not limited to) shall be gumboots, safety
helmets, Rubber hand- gloves, face- masks, safety- nets, safety-belts, goggles, hand
sanitizers etc. as per work requirements. The Contractor shall keep a few spare sets
of such gadgets for use by the Employer or the Engineer-in-Charge and /or his
representative or any other inspecting teams. No staff/ worker shall be allowed to
enter the site without these equipment/ gadgets.
(v) The cost of the above equipment/ gadgets is deemed to be included in the rates quoted
by the Contractor and the Contractor shall not be entitled for any extra payment in this
regard. The Contractor shall abide by the regulations pertaining to Health, Safety and
Environment as per the HSE policy attached elsewhere as a part of this contract.
(vi) All designs, drawings, bill of quantities etc., except Bar Bending Schedule, Shop &
Fabrication drawings, for all works shall be supplied to the Contractor for his scope
of work by the Engineer-in-charge in a phased manner, as the works progresses.
However, it shall be the duty and responsibility of the Contractor to bring to the notice
of the Engineer-in-charge as to any variation, discrepancy or any other changes
required and to obtain revised drawings and designs and/ or approval of theEngineer-
in-Charge in writing for the same.
(vii) One copy of contract documents, including drawings furnished to the Contractor, shall
be kept at the site and the same shall at all reasonable times be available for inspection
of Engineer-in-charge and his authorised representatives.
(viii) All materials, construction plants and equipment etc. (including scrap of brought in
material) once brought by the Contractor within the project area will not be allowed
to be removed from the premises without the written permission of the Engineer-in-
charge. Similarly, all enabling works built by the Contractor for the main construction
undertaken by him, shall not be dismantled, and removed without written permission
of the Engineer-in-charge.
(ix) The Contractor shall need to furnish list of equipment/ machinery/ plants available
with the Contractor along with the details/ capacities and manufacturing year of each
equipment/ machinery/ plant.
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(x) Contractor shall prepare the Bar Bending Schedule, shop and fabrication drawings At
no extra cost to Employer, if required for any of the items of work as directed by the
engineer in charge. Five copies of these drawings and documents will be submitted to
the Engineer-in-charge/Employer for approval, at least 30 days prior to execution of
the works related to these documents and drawings.
(xi) All Contractor’s plant, machinery and equipment shall be kept in perfect working
condition during currency of the contract.
(i) The Contractor, during entire duration of the Contract, shall adhere to HSE
requirement as enclosed in the Bidding Document as Annexure-VIII to SCC.
(ii) The contractor shall also barricade the site with minimum 3 mtr high sheets or as per
the requirement of Green Tribunal/ State Pollution Control Board/ Environment
Department or any directions by the local administration during the entire duration
of the contract wherever required. Nothing extra shall be paid on this account.
(iii) Safety Regulations
The Contractor shall abide by all safety regulations and ensure that safety equipment
for specific jobs, as stipulated in the factory act/ safety handbook, is issued to workers
during execution of work, failing which all the works at site shall be suspended.
(iv) Security
The Contractor shall make proper security arrangements at his own cost for the
materials at site & the works till handing over of the works to the Employer/ Engineer-
in-Charge.
(i) To ensure that the services under the scope of this contract are in accordance with
the specifications, the Contractor shall adopt Quality Assurance Programme to control
such activities at the necessary points. The Contractor shall prepare and submit to
Engineer in charge such Quality Assurance Programme within 30 days from date of
issue of Letter of Award for approval. Engineer-in-charge shall also carryout quality
audit and quality surveillance of systems and procedures of Contractor’s quality
control activities. A Quality Assurance Programme of Contractor shall generally cover
the following:
(a) His organization structure for the management and implementation of the
proposed Quality Assurance Program;
(b) Documentation control system;
(c) The procedure for materials and source inspection;
(d) System for site controls including process controls;
(e) Control of non-conforming items and systems for corrective actions;
(f) Inspection and test procedure for site activities;
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(g) System for indication and appraisal of inspection status;
(h) System for maintenance of records;
(i) System for handling, storage, and delivery; and
(j) A quality plan detailing out quality practices and procedures, relevant
acceptance levels for all types of work under the scope of this contract.
(ii) The Contractor shall maintain all the quality reports. Checklists & Registers as per
CPWD norms in this regard shall be submitted to the Engineer-in-Charge for approval
and the same shall be adopted. If any item is not covered by the Check-list/ Register,
the Format for the same may be developed and submitted to the Engineer-in-Charge
for approval and the same shall be adopted. These filled-in reports shall be duly signed
by representatives of the Contractor and the Engineer-in-charge. All the costs
associated with Printing of Formats and testing of materials required as per technical
specifications or as per instructions of Engineer-in-Charge shall be included in the
Contractor’s quoted rates in the Schedule/ Bill of quantities. Nothing extra shall be paid
to the Contractor on this account.
The Contractor shall prepare and finalize a detailed contract coordination procedure
within 30 days from the date of issue of Letter of Award in consultation with the
Engineer-in-charge for the purpose of execution of the Contract. The Contractor shall
have to attend all the meetings at any place in India at his own cost with the
representatives of the Employer, the PMC, the TPIA and their representatives during
the currency of the Contract, as and when required and fully co-operate with such
personnel and agencies involved during these discussions. The Contractor would be
advised to deal with the Employer/ PMC only through the Engineer-in- Charge and any
dealing/correspondence, if required, at any time with the Employers/ PMC/ TPIA shall
be done through Engineer-in-Charge only.
(i) Contractor shall obtain full details of all existing and planned underground services
from concerned agencies and shall always follow these closely during the performance
of work. Contractor shall be responsible for location and protection of all underground
lines, structures, power cables, OFC cables etc. at his own cost.
(ii) Despite all precautions, should any damage to any structure/ utility etc. occur, the
Contractor shall immediately inform the Engineer-in-Charge and the Contractor shall
forthwith carry out repair at his expense under the direction and to the satisfaction
of Engineer-in-Charge. If the same is not attended by the Contractor within the said
time period, it will be got done at the risk and cost of the contractor through other
agencies.
(iii) Contractor shall take all precautions to ensure that no damage is caused to the existing
pipelines, cables etc. during services.
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38.0 Completion Plans and Completion Certificate
(i) Within ten days of completion of the work, the Contractor shall give notice of such
completion to the Engineer-in-Charge. On the receipt of such notice, the Engineer-in-
Charge shall within thirty days inspect the work and if there is no defect in the work,
he shall furnish the Contractor with a final certificate of completion.
(ii) In case of any shortcomings/ defects, a provisional certificate of physical completion
indicating the defects (a) to be rectified by the Contractor, and/or (b) for which
payment will be made at reduced rates, shall be issued.
(iii) However, no final certificate of completion shall be issued, nor shall the work be
considered to be complete until the Contractor shall have removed from the premises
on which the work is executed, all scaffolding, surplus materials, rubbish and all huts
and sanitary arrangements required for his/their work, people on the site in
connection with the execution of the works and cleaned off the dirt from all wood
work, doors, windows, walls, floor or other parts of the building, in, upon, or about
which the work is to be executed or of which he may have had possession for the
purpose of the execution. Similarly, no completion Certificate shall be issued until the
work shall have been measured by the Engineer-in-Charge.
(iv) If the Contractor shall fail to comply with the requirements of this clause as regards
removal of scaffolding, surplus materials and rubbish and all huts and sanitary
arrangements as aforesaid and cleaning off dirt on or before the date fixed for the
completion of work, the Engineer-in-Charge may remove such scaffolding, surplus
materials and rubbish etc. at the expense of the Contractor and dispose of the same
as he deems fit and clean off such dirt as aforesaid, and the Contractor shall have no
claim in respect of scaffolding or surplus materials as aforesaid except for any sum
actually realized by the sale thereof less actual cost incurred on removal of materials/
debris / malba etc.
(v) The Contractor shall be responsible for handing over of the completed works including
signing of inventories by the Engineer-in-charge on a pre-approved format.
(vi) The Contractor shall, during the course of execution, prepare and keep updated a
complete set of ‘As Built’ drawings to show each and every change from the contract
drawings, changes recorded shall be counter-signed by the Engineer-in-Charge and the
Contractor.
No payment of final bill shall be released to the Contractor until final work completion
certificate is obtained from Employer.
The following documents shall be submitted in soft copy and hard-binders by the
Contractor in 05 (Five) sets as a part of completion documents:
(i) Test Certificates, Warranty/ Guarantee certificates and copies of Purchase
Orders (Required for Warranty/ Guarantee).
(ii) All other documents as specified in the respective specifications.
(iii) Complete set of “As-built” drawings showing therein corrections and
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modifications (if any) made during the course of execution of the Works, signed
by the Engineer-in-Charge;
(iv) Declaration by the Contractor that it has duly cleared any and all of the dues
payable by it to its labourer, employees, piece-rate workers (PRWs), and other
personnel, sub-Contractors, suppliers, vendors, GST, income Tax, entry tax,
excise, customs duty, provident fund, employees state insurance (ESI) and
royalties, or other amounts payable under any Applicable Law (if any) and
Certificate towards ‘No claim’ other than the claim in the Final bill.
(i) If at any time after acceptance of the tender or during the progress of work, the
purpose or object for which the work is being done changes due to any unforeseen and
compelling reasons and as a result of which the work has to be abandoned or reduced
in scope, the Engineer-in-Charge shall give notice in writing to that effect to the
Contractor stating the decision as well as the cause for such decision and the
Contractor shall act accordingly in the matter. The Contractor shall have no claim of
any compensation or otherwise, whatsoever, on account of any profit, loss of profit or
advantage which he might have derived from the execution of the works in full but
which he did not derive in consequence of the foreclosure of the whole or part of the
works.
(ii) The Contractor shall be paid for the works executed at site at contract rates at the time
of foreclosure.
(iii) The Contractor shall, if required by the Engineer-in-Charge, furnish to him, books of
account, wage books, time sheets and other relevant documents and evidence as may
be necessary to enable him to certify the reasonable amount payable under this
condition.
(iv) In the event of action being taken under Clause 14.0 to reduce the scope of work, the
Contractor may furnish fresh Performance Guarantee on the same conditions, in the
same manner and at the same rate for the balance tendered amount and initially valid
up to the extended date of completion or stipulated date of completion if no
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extension has been granted plus minimum 60 days beyond that. Wherever such a fresh
Performance Guarantee is furnished by the Contractor, the Engineer-in-
Charge/Employer may return the previous Performance Guarantee.
(i) The Contractor shall be responsible for rectification of defects in the works for a period
5 (Five) years from the date of issue of Completion Certificate by the Engineer-in-
Charge. Any defects, except normal wear & tear, discovered and brought to the notice
of the Contractor forthwith shall be attended to and rectified byhim at his own cost
and expense. In case the Contractor fails to carry out these rectifications, the same may,
without prejudice to any other right or remedy available, be got rectified by Engineer-
in-Charge at the risk and cost of the Contractor.
Provided that the Contractor shall not be liable for any such structural/ architectural
defect as may be induced by the allottee (s), by means of carrying out structural or
architectural changes from the original specification designs. For incomplete works in
STP, Basement ventilation works etc., where part of work is already executed at site,
warranty against the equipment would be for 24 months. For balance 03 years, Annual
Maintenance Contract (AMC) would be executed along with part of work not executed
under this contract/ tender. AMC cost would be separate and borne by Unitech.
(ii) A part of the security deposit will be retained towards defect liability as per Clause
3.0 of the GCC above. The final amount towards defect liability would be released after
5 years from the actual date of completion or the final justified extended date of
completion.
No subletting of whole work or part shall be allowed. However, the Contractor may
engage the sub-Contractor for specialized works as mentioned below:
(i) The Contractor, after obtaining approval from the Engineer-in-Charge, shall
engage specialized agencies in respect of the following works at site, in case the
Contractor does not have such in-house expertise:
(a) Anti-termite treatment.
(b) Water proofing works.
(c) Fire Fighting works
(d) Electrical / LV Works
(e) HVAC Works
(f) BMS works
(g) Horticulture works
(h) Tree Transplantation Works, if any
(i) Any other work as directed by Engineer-in-Charge
(j) Painting Works
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(ii) If the Contractor is required to engage a Sub-Contractor for any part of work,
then such Sub-Contractors shall have prior proven experience of similar work
and shall require specific approval by the Engineer-in-charge.
(iii) The Contractor will submit to the Engineer-in-Charge for approval, the details
of Sub-Contractors as per the format enclosed as Form XIV at Section 4 for
approval. Contractor shall ensure that very competent and resourceful
agencies with proven track record and performance should be proposed for
the work to be sub-contracted.
(iv) However, whatever arrangements are made by the Contractor for sub-letting
any part of the work/ getting any part of the work executed through a sub-
contractor, getting the works executed from such sub-contractors or payments
to such sub-contractors shall always remain the responsibility of the
Contractor and the Employer shall not in any manner deal with such sub-
contractors.
(v) Notwithstanding any consent to sub-contract given by the Engineer-in- Charge,
if in his opinion it is considered necessary, the Engineer-in-Charge shall have
full authority to order the removal of any sub-Contractor from the site.
The Contractor shall engage an approved electrical agency for execution of electrical
works, holding valid electrical Contractor licence. In case the Contractor himself
executes electrical works, then he shall arrange valid electrical Contractor licence
before start of electrical works at site.
(i) Any delay in or failure to perform on the part of either party, shall not constitute
default so as to give rise to any claim for damages, to the extent such delay or failure
to perform is caused by an act of God, due to Pandemic, or by fire, explosion, flood or
other natural catastrophe, governmental legislation, orders or regulation etc. The time
for performance of the respective obligations by the parties shall be deemed to be
extended for a period equal to the duration of the force majeure event. Both parties
shall make their best efforts to minimize the delay caused by the force majeure event.
If the failure/ delay of the Employer in handing over the entire site and/ or in releasing
the funds continues even on the expiry of the stipulated date of completion, Engineer-
in-charge, may, at the request of the Contractor, foreclose the contract without any
liability to either party. In the event of such foreclosure, the Contractor shall not be
entitled to any compensation whatsoever. If prior to such foreclosure, the Contractor
has brought any material at site and which remain unused, the Engineer-in-Charge
shall always have the option of taking over of all suchmaterials at their purchase price
or at the local current /DSR rates, whichever is lower.
(ii) The Contractor shall have no claim of damages for extension of time granted or
rescheduling of milestone/s for events listed in this clause.
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46. No Compensation
The Contractor shall have no claim, whatsoever, for compensation or idling charges
against the Employer or his authorized representative on any ground or for any
reason, whatsoever.
(i) All works under the contract shall be executed under the direction and subject to
approval in all respects of the Engineer-in-Charge.
(ii) The Engineer-in-Charge and his authorized representative shall communicate or
confirm their instructions to the Contractor in respect of execution of work during
their site inspection in a ‘Works Site Order Book’ maintained at the site office of
Engineer-in-Charge. The Contractor or his authorized representative shall confirm
receipt of such instructions by signing against the relevant orders in of the Site Order
Book. A soft copy of this “works site order book” shall be mailed to the contractor and
Employer/PMC/TPIA monthly.
The execution of the work may entail working in the monsoon season also. The
Contractor must maintain labour force as may be required for the work and plan and
execute the construction and erection according to the prescribed schedule. No
special/ extra rate will be considered for such work during the monsoon season. The
stipulated period for completion of project includes the monsoon period, holidays &
festivals and the contractor shall make provisions of the same in the contract
scheduling submitted to the engineer in charge/Employer. Further;
(i) During monsoon season and other periods, it shall be the responsibility of the
Contractor to keep the construction work site free from any water accumulation at his
own cost by making suitable arrangements/ deploying de-watering pumps.
(ii) Contractor must take due cognizance of the presence of monsoon/ rainy season/ days
in his scheduled completion period and accordingly, take all necessary measures to
protect, reorganize and maintain progress on the work without any interruptions.
(iii) No extension of time due to interruption/suspension of work, waterlogging,reduced/
slowing down of progress, non-availability of manpower etc., whatsoever may be the
reason, shall be tenable on account of monsoons/ rains and further no claim for stand-
by of manpower and equipment, other resources etc. shall be paid for subject to
provisions under Clause 17 of the General conditions of contract.
(iv) Contractor shall procure and stock sufficient quantities of materials viz. coarse and
fine aggregates, bricks etc. adequate for the planned volume of the work during the
monsoons, well in advance of the onset of same so that progress of work is not affected
on this account.
(v) All electrical installations, equipment shall be placed on plinths above ground under
proper rain sheds to avoid any inundation, short circuit and hazards of electrocution.
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(vi) Price shall be inclusive of all costs and expenses including supply of materials required
for monsoon protection like tarpaulins, shed, structural, GI sheet etc. for the above
provisions and no separate payment shall be made on this account.
For carrying out work on Sundays and Holidays or during night, the Contractor shall
make necessary arrangements to carry out the works at no extra cost to the Employer,
under intimation to the Engineer-in-Charge.
The Contractor shall make his own arrangements for Water, fit for construction, use
& Electrical Power for construction including all necessary materials and equipment’s
for its distribution and utilisation for construction activities and other purposes at his
own cost. The Contractor shall also make standby arrangements for water & electricity
to ensure un-interrupted supply of water and electricity for smooth progress of works
as per relevant clauses in the special conditions of contract(SCC).
51. Land for Labour Huts/ Site Office and Storage Accommodation
(i) Place for hutments and Batching Plant could be provided wherever possible depending
upon the project site conditions. The Contractor may construct temporary office,
storage, accommodation, and labour huts within the site premises with prior
approval of the Engineer-in-Charge. In case, where surplus land is not available
within the site and/or not permitted by the Employer, the Contractor shall arrange
the land for temporary office, storage, accommodation and labour huts at his own cost
and shall be responsible for taking the clearance of local authorities, if required, for
setting up/construction of labour camp and the same is deemed to be included in the
rates quoted by the Contractor for the works. The Contractor shall check the
availability of land before tenderingand no claim whatsoever shall be entertained in
this regard.
(ii) The Contractor shall ensure that the labour huts are kept clean and in hygienic
conditions. The land for the above purposes shall be so placed that it does not hinder
the progress of work or access to the worksite. Vacant possession of the land used for
the purpose shall be given back by the Contractor to Employer/ authority after
completion of the work.
(iii) The security deposit of the Contractor shall be released only after the Contractor
demolishes all temporary structures and clears the site to the satisfaction of Engineer-
in-Charge. In the event the Contractor has to shift his labour camps at any time during
execution of the work on the instructions of local authorities or as per the requirement
of the work progress or as may be required by the Engineer-in- Charge, he shall comply
with such instructions at his risk and cost and no claim whatsoever shall be
entertained on this account.
(i) The Contractor shall at his own cost take all precautions to ensure safety of life and
property by providing necessary barriers, obstructions, lights, watchmen etc. during
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the progress of work as directed by Engineer-in-Charge.
(ii) The Contractor shall provide uninterrupted lighting of the work-place and
surrounding areas during the night hours with a minimum lux level of 10-15 lux. No
additional payment shall be made on this account and the cost in this regard is deemed
to be included in the quoted rates.
The Contractor shall fix/ install Construction/safety sign boards of suitable sizes and
in adequate numbers as per the instructions of Engineer-in-Charge before/during the
execution of work. No additional payment shall be made to the Contractor on this
account.
(i) Cement shall be procured by Contractor in line with the technical specifications and
requirement of the contract.
(ii) The cement shall be procured directly from the reputed manufacturers/ stockists as
per list of approved makes. Relevant vouchers and test certificates will be produced as
and when required by the Engineer-in-charge. It shall be stored by the Contractor in
suitable covered and lockable stores, well protected from climate and atmospheric
effects. The cement go-down shall be constructed by the Contractor as per the CPWD
specifications at his own cost. Cement bags shall be used on “first -in -first -out” basis.
Cement stored beyond 90 days will not be used in structural works. However, this
cement can be used in other works after getting the cement tested and found suitable
as per relevant IS codes at Contractor’s cost and accepted by Engineer-in-charge,
before use in works.
The quantities shown against the various items of work are approximate quantities,
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which may vary as per the actual requirement of work. Any variation in quantities, if
occurs during the execution of the works, will be dealt as per the provisions of the
contract.
57.1 The water-proof treatment shall be of type and specifications as given in the schedule
of quantities.
57.2 The water-proofing of basement, roofs, water retaining areas shall be and remain fully
effective for a period of not less than 10 (Ten) years to be reckoned from the date of
issue of Completion Certificate, prescribed in the contract. If any defect or any evidence
of re-infestation, dampness, leakage in any part of buildings or structure is found in
the said treatment at any time during the said guarantee period and the Contractor is
notified of the same, the Contractor shall be liable to rectify the defect or give re-
treatment. The Contractor shall commence the work or such rectification or re-
treatment within seven days from the date of issue of such letter to him. If the
Contractor fails to commence such work within the stipulated period, the Employer
may get the same done by deploying another agency at the Contractor’s risk & cost.
57.3 Water- proofing shall be got done through approved/ specialized agencies only with
prior approval of Engineer-in-Charge.
57.4 During the execution of work, if any damage occurs to the treatment already done,
either due to rain or any other circumstances, the same shall be rectified and made
good to the entire satisfaction of Engineer-in-Charge by the Contractor at his cost and
risk.
57.5 The Contractor shall make his own arrangement for all equipment required for the
execution of the job. The Contractor shall execute a Guarantee Bond in the prescribed
form as appended for guaranteeing the water-proofing treatment.
Wherever any reference is made to any BIS in any particular specifications, drawings
or bill of quantities, it means the Indian Standards editions with up-to-date
amendments issued till the last date of receipt of tender documents.
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60. Records of Consumption of Cement, Steel & Other Materials
(i) For the purpose of keeping a record of cement and steel received at site and consumed
in works, the Contractor shall maintain a register in the format approved by the
Engineer-in-Charge, showing columns like quantity received and used in work and
balance in hand etc. This register shall be signed daily by the Contractor’s
representative and the representative of the Engineer-in-Charge.
(ii) The register of cement, steel & other materials (if required) shall be kept at site in the
safe custody of Engineer-in-charge during progress of the work. This provision will
not, however, absolve the Contractor from the quality of the final product.
The Contractor shall make his own arrangements for borrow pits and borrow disposal
areas including their approaches and space for movement of man, machinery, other
equipment as required for carrying out the works. The Contractor shall be responsible
for taking all safety measures, getting approval, making payment of royalties, charges
etc. and nothing extra shall be paid to the Contractor on this account and unit rates
quoted by the Contractor for various items of bill of quantities shall deemed to include
the same.
From the commencement to the completion of works and handing over, the Contractor
shall take full responsibility for care of all the works and in case of any damage/
loss to the works or to any part thereof or to any temporary works due to lack
of precautions or due to negligence on the part of Contractor, the same shall be
made good by the Contractor at no extra cost to Employer.
(i) Work shall be carried out in such a manner that the work of other agencies
operating at the site is not hampered due to any action of the Contractor.Proper
coordination with other agencies will be Contractor's responsibility. In case of
any dispute, the decision of Engineer-in-charge shall be final and binding on the
Contractor.
(ii) If and when required for the coordination of works with other agencies involved
at site, the Contractor shall within the scope of work, re-route and/or prepare
approaches and working areas as may be necessary.
The Contractor shall be responsible for the true and proper setting out of the works
and for the correctness of the position, levels, dimensions and alignment of all parts
of the works. If any error appears or arises in the position, levels, dimensions or
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alignment of any part of the works at any time during the progress of works, the
Contractor shall rectify such error to the satisfaction of Engineer-in-charge at his own
expenses. The checking of any setting out or of any line or level by the Engineer-in-
charge shall not in any way relieve the Contractor of his responsibility for the
correctness thereof.
(i) The Contractor shall ensure that the working site is kept clean and free of obstructions
for easy access to job site and also from safety point of view. Before handing over the
completed work to the Engineer-in-charge, the Contractor shall remove all temporary
structures like the site offices, cement go-down, stores, labour hutments, scaffolding,
rubbish, debris, left-over materials, tools and plants, equipment etc. and clean the site
to the entire satisfaction of the Engineer-in-charge. If this is not done, the same may
be got done by the Engineer-in-charge at the riskand cost of Contractor.
(ii) The Contractor shall clean all floors, remove cement/ lime/ paint drops and deposits,
clean joinery, glass panes etc., touching all painter’s works and carry out all other
necessary items of works to make the premises clean and tidy before handing over the
completed works, and the rates quoted by the Contractor shall be deemed to have
included for the same.
(iii) If the work involves dismantling of any existing structure in whole or part, any RCC
foundation and/ or paved area, care shall be taken to limit the dismantling up to the
exact point and/ or lines as directed by the Engineer-in-Charge and any damage caused
to the existing structure beyond the said line or point shall be repaired and restored to
the original condition at the cost and risk of Contractor to the satisfaction of the
Engineer-in-Charge, whose decision shall be final and binding upon the Contractor.
(iv) The Contractor shall not dispose of the ordinary earth excavated from within the
boundary limits to any place outside such limits as the same may be required as per
the discretion of the engineer in charge.
(v) Disposal of Debris/ Surplus Earth (including contaminated earth) shall be done by the
Contractor at the designated disposal area(s) within the boundary limits as directed
by engineer in charge. In case the Employer is not in a position to provide disposal area
within the boundary limits due to space constraints, the Contractor has to dispose the
same outside the boundary limits as per the provisions of the contract. While disposing
the Debris/ Surplus Earth (including contaminated Earth) outside the boundary limit,
the Contractor has to ensure that the same are disposed off safely and fulfilling the
local statutory regulations including but not limited to the guidelines/ stipulations of
State Pollution Control Board.
(i) The Contractor shall be responsible for organizing the lifting of the equipment in the
proper sequence for orderly progress of the work and to ensure that access routes for
erecting the other equipment are kept open. The installation of machines at
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different floor levels/ terrace and at basement shall be carried out by the Contractor
with due care so as to guard against any damage to the existing finishes of the building
and shall augment if required, necessary machineries/ lifting crane for installation
purpose within the quoted prices.
(ii) Orientation of all foundations, elevations, lengths and disposition of anchor bolts and
diameter of holes in the supports and saddles shall be checked by the Contractor well
in advance of the installation. Rectifications, including chipping of foundations, shall
be carried out only where necessary in consultation with the Engineer-in-Charge. If a
structural member needs to be dismantled to facilitate the equipment erection, this
shall be done by the Contractor after ensuring proper stability of the main structure in
consultation with the Engineer-in-Charge. All such dismantled members shall be put
back in position to the satisfaction of Engineer-in-Charge after the completion of the
equipment erection.
(iii) During the performance of the work the Contractor shall at his own cost keep
structures, materials and equipment adequately braced by guys, struts or other
approved means which shall be supplied and installed by the Contractor as required
till the installation work is satisfactorily completed. Such guys, shoring, bracing,
strutting, planking supports etc. shall not interfere with the work of other agencies and
shall not damage or cause distortion to other works executed by the Contractor or
other agencies.
(iv) The Contractor shall duly comply with manufacturer(s) recommendations and
detailed specifications for the installation of the various equipment and machines.
Various tolerances required as marked on the drawings and/or in accordance with the
specifications and/or instructions of the Engineer-in-charge shall be maintained.
Verticality shall be verified with the Total-station and shall be maintained.
(i) The Contractor shall provide adequate number of watch and ward personnel on round
the clock basis with limited/restricted access to the site through gates manned by the
Security personnel. The responsibility for safe custody of materials, works in progress,
office of Employer/ Engineer-in-charge, building and all services etc. lies with the
Contractor till handing over of the works to the Employer.
(ii) The Contractor shall ensure adequate illumination of the worksite(s) on a continuous
basis to ensure safe working and to avoid pilferage/theft of materials lying at the work
site. The rates quoted shall be deemed to be inclusive of this scope and the Contractor
is not entitled for any additional payment in this regard. This is to be implemented
from start of work till handing over of the works to the Employer.
(iii) The project site during execution shall be properly barricaded with Pre-coated sheets/
GI/ MS sheets of at least 3.0 meters height, as directed by the engineer in charge, with
proper supports/ foundations in order to isolate the site from surroundings to avoid
any disturbance and to avoid the entry of unauthorized personnel. Expenditure
towards this activity is considered to be included in the quoted rates.
(iv) The Contractor shall make adequate security arrangement for protection of the work
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site and to prevent unauthorized entry to protect their materials and equipment in
its own interest at no extra cost to the Employer.
(v) If at any place/site, entry is restricted by the Employer, the Contractor shall then
arrange to obtain through the Engineer-in-Charge, well in advance, all necessary entry
permits/ gate passes for his staff and labourer and entry and exit of his men and
materials shall be subject to vigorous checking by the security staff. The Contractor
shall not be eligible for any claim or extension of time whatsoever on this account.
(vi) The Contractor shall, at their own cost, construct their centralized store for safe
keeping of the materials/equipment and for proper accounting of the material/
equipment being used in this project.
(i) All works executed or under the course of execution in pursuance of this contract shall
at all times be open to inspection of the Engineer-in-charge.
(ii) The work during its progress or after its completion may be inspected by the third
party appointed by the Employer. The compliance of observations/ improvements
suggested by the inspecting officers shall be obligatory on the part of the Contractor at
his cost.
The Engineer-in-charge shall have the right to deduct or set off the expenses incurred
or likely to be incurred by it in rectifying the defects and/or any claim under this
agreement against the Contractor from any or against any amount payable to the
Contractor under this agreement including security deposit, defect liability and
proceeds of performance guarantee.
The Engineer-in-charge shall have the right to take temporary possession of any
completed or use partially completed work or part of the work. Such possession or use
shall not be deemed to be any acceptance of any work not completed in accordance
with the contract agreement. If such prior possession or use by Engineer-in-charge
delays the progress of work, an equitable adjustment in the time of completion will be
made and the contract agreement shall be deemed to be modified accordingly. The
decision of Engineer-in-charge in such case shall be final binding and conclusive on
the Contractor.
(i) The Contractor shall employ his representatives and workmen after verifying their
antecedents and loyalty. He shall ensure that no personnel of doubtful antecedents is
associated with the works in any manner.
(ii) In case the Engineer-in-charge observes misconduct, negligence or incompetence etc.
on the part of any representative, agent and workmen or employees etc. of the
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Contractor, the Engineer-in-charge shall be competent to instruct the Contractor to
remove such engineer/ staff/ worker from the site without giving any reason to the
Contractor and ask to provide suitable replacements. The decision of the Engineer- in-
charge shall be final and binding on the Contractor. The Contractor shall not be allowed
any compensation on this account.
(i) The Contractor shall employ adequate number of technical staff at his cost during the
execution of this work depending upon the requirement of work. For this purpose, the
numbers to be deployed, their qualification and experience, as decided by Engineer-
in-charge, shall be final and binding on Contractor. The Contractor shall not be entitled
for any extra payment in this regard.
(ii) The technical staff should be available at site to take instructions from the Engineer-
in-Charge.
(iii) The Contractor shall submit a site organizational chart and Resume, including details
of experience of the Project-in-Charge and other staff proposed to be deployed by him.
The technical team shall be deputed by the Contractor on the Project after getting
approval from the Engineer-in-Charge.
(iv) In case the Contractor fails to employ the staff as aforesaid, he shall be liable to pay a
reasonable amount as defined in Special conditions of contract for each month of
default in the case of each person. The decision of the Engineer-in-charge as to number
of Technical Staff to be adequate for the project and the period for which the desired
strength of technical staff was not employed by the Contractor and as to the
reasonableness of the amount to be deducted on this account shall be final andbinding
on the Contractor.
All gold, silver and other minerals of any description and all precious stones, coins,
treasure, relics, antiques and all other similar things which shall be found in, under or
upon the site shall be the property of the Employer.
(i) The Contractor shall obtain a valid license under the Contract Labour (Regulation &
Abolition) Act, 1970 and the Contract Labour Act (Regulation & Abolition) Central
Rules 1971, as amended from time to time, and continue to have a valid license until
the completion of the work including the defect liability period.
(ii) The Contractor shall also comply with the provisions of the building and other
Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996
and the Building and other Construction Workers Welfare Cess Act, 1996 and its
amendments, if any.
(iii) The Contractor shall also comply with the provisions of the Inter-State Migrant
Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
(iv) The Contractor shall not engage any labour below the age of 18 years under any
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circumstances. The provisions under Child Labour (Prohibition and Regulation)
Amendment Act, 2016 shall be strictly adhered to. In case of any non- compliance with
the requirements of Labour laws, the Contractor shall be liable for all consequences or
any penalty imposed in this regard.
(i) The Contractor shall pay to the labour employed by him either directly or through sub-
Contractors, wages not less than fair wages as defined in the Contractor’s Labour
Regulations or as per the provisions of the Contract Labour (Regulation and Abolition)
Act, 1970 and the Contract Labour (Regulation and Abolition) Central Rules, 1971,
wherever applicable.
(ii) The Contractor shall, notwithstanding the provisions of any contract to the contrary,
cause to be paid fair wages to labour indirectly engaged on the work, including any
labour engaged by his sub-Contractors in connection with the said work, as if the
labour had been employed by him.
(iii) The Contractor shall transfer/ credit the wages/ salary of all labourer/ workers
preferably in their bank accounts. He shall be responsible for opening of bank accounts
of all labourers/workers employed by the Contractor at the work site in thisregard.
(iv) In respect of all labour, directly or indirectly employed in the works for performance
of the Contractor’s part of this contract, the Contractor shall comply with Labour
Regulations in regard to payment of wages, wage period, maintenance of wage books
or wage slips, publication of scale of wages and other terms of employment, inspection
and submission of periodical returns and all other matters of the like nature or as per
the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, and the
Contract Labour (Regulation and Abolition) Central Rules, 1971, wherever applicable..
(v) Under the provision of labour rules, the Contractor is bound to allow one-day rest for
6 days’ continuous work and pay wages at the same rate as for duty to the labour
directly or indirectly employed in the works. In the event of default, the Engineer-in-
Charge shall have the right to deduct the sum or sums not paid on account of wages for
weekly holidays to any labourer/ worker and pay the same to the persons entitled
thereto from any money due to the Contractor.
(vi) The Contractor shall comply with the provisions of the Payment of Wages Act, 1936,
Minimum Wages Act, 1948, Employees Liability Act, 1938, Workmen’s Compensation
Act, 1923, Industrial Disputes Act, 1947, Maternity Benefits Act, 1961, and the
Contractor’s Labour (Regulation and Abolition) Act 1970, or the modifications thereof
or any other laws relating thereto and the rules made there under from time to time.
(vii) The Contractor shall indemnify and keep the Employer indemnified against payments
to be made under and for the observance of the laws aforesaid and the Labour
Regulations without prejudice to his right to claim indemnity from his sub-
Contractors.
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(viii) The laws aforesaid shall be deemed to be a part of this contract and any breach thereof
shall be deemed to be a breach of this contract.
74.2 Labour Safety Provisions
(i) The Contractor shall be fully responsible to observe the labour safety provisions. The
Contractor shall at his own cost take all precautions to ensure safety of life and
property by providing necessary barriers, lights, watchmen etc. during the progress of
work.
(ii) In case of all labour, directly or indirectly employed in work for the performance on
the Contractor’s part of this contract, the Contractor shall comply with all rules framed
by Government from time to time for the protection of health and sanitary
arrangements for workers.
74.3 Observance of Labour Laws
(i) The Contractor shall be fully responsible for observance of all labour laws, including
the local laws and other laws, applicable in this matter and shall indemnify and keep
the Employer indemnified against any adverse effect or non-observance of any such
laws. The Contractor shall be liable to make payment to all its employees, workers and
sub-Contractors and make compliance with labour laws. If the Employer or his
authorized representative is held liable as “Principal Employer” to pay contributions
etc. under legislation of Government or Court decision in respect of the employees of
the Contractor, then the Contractor would be liable to reimburse the amount of such
payments, contribution etc. to the Employer and/ or the same shall be deducted from
the payments, security deposit etc. of the Contractor.
(ii) The Contractor shall submit proof of having a valid EPF registration certificate. He shall
within 7 days of the close of every month, submit a statement to the Employer showing
the recoveries of contributions in respect of each employee employed by or through
him and shall furnish to Employer such information as the Employer is required to
furnish under the provisions of para 36B of the EPF Scheme 1952 to the EPF
authorities and other information required by the EPFO authorities from time to time.
He shall also submit a copy of challan every month in token of proof of having
deposited the subscription and contribution of workers engaged on the project, if
demanded by the Engineer-in-Charge.
(iii) The Contractor shall also ensure the compliance of EPF Act, 1952 by the sub-
Contractors, if any, engaged by the Contractor for the above said work.
(iv) The Contractor shall indemnify and keep the Employer harmless from and against all
actions, suits, proceedings, losses, costs, damages, charges, claims and demands of
every nature and description brought or recovered against the Employer by reasons
of any act or omission of the Contractor, his agents or employees in connection with
complying the provisions of the Employees Provident Fund & Miscellaneous
Provisions Act, 1952 as amended from time to time. All sums payable by way of
compensation/ damages/ interest on the outstanding amounts payable by the
Contractor shall be considered as reasonable and be payable by the Contractor to the
Employer immediately and if the Contractor does not pay the amount immediately the
same will be deducted from the security deposit or earnest money or any other
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amount available with the Employer or any money payable to the Contractor by the
Employer.
74.4 Minimum Wages Act
The Contractor shall comply with all provisions of the Minimum Wages Act, 1948,
Contract Labour Act (Regulation & Abolition) 1970, and rules framed thereunder and
other labour laws/ local laws affecting the contract labour that may be brought into
force from time to time.
74.5 Labour Records
(i) The Contractor shall submit a true statement of the following data by the 4th & 19th
of every month to the Engineer-in-Charge, showing in respect of the second half of
the preceding month and the first half of the current month respectively:
(ii) In the event of the Contractor(s) committing a default or breach of any of the
provisions of the Labour Regulations and Model Rules for the protection of health and
sanitary arrangements for the workers as amended from time to time or furnishing
any information or submitting or filing any statement under the provisions of the
above Regulations and Rules which is materially incorrect, thecompensation imposed,
if any, by the concerned Department will be recoverablefrom his dues.
(iii) Should it appear to the Engineer-in-Charge that the Contractor is not properly
observing and complying with the provisions of the Contractor’s Labour Regulations
and Model Rules and the provisions of the Contract Labour (Regulation and Abolition)
Act 1970, and the Contract Labour (R&A) Central Rules 1971, for the protection of
health and sanitary arrangements for workers employed by the Contractor(s)
(hereinafter referred as “the said Rules”) the Engineer-in-Charge shall be competent
to give a notice in writing to the Contractor requiring that the said Rules be complied
with the amenities prescribed therein and shall be provided to the workers within a
reasonable time to be specified in the notice.
(iv) If the Contractor(s) fails to comply with the notice and observe the said rules within
the period specified to provide the amenities to the workers as aforesaid, the
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Engineer-in-Charge shall have the power to provide the amenities hereinbefore
mentioned at the cost of the Contractor(s). The Contractor(s) shall erect, make and
maintain at his/their own expense and in accordance with the approved standards
all necessary huts and sanitary arrangements required for his/their work-people on
the site in connection with the execution of the works, and if the same shall not have
been erected or constructed, according to approved standards, the Engineer-in-
Charge shall have the power to give notice in writing to the Contractor(s) requiring
that the said huts and sanitary arrangements be remodelled and/or reconstructed
according to approved standards. If the Contractor(s) fail to remodel or reconstruct
such huts and sanitary arrangements according to approved standards within the
period specified in the notice, the Engineer-in-Charge shall have the power to remodel
or reconstruct such huts and sanitary arrangements according to approved standards
at the cost of the Contractor(s).
(v) The Contractor shall provide his labourers with a sufficient number of huts
(hereinafter referred to as the camp) at his own cost of the following specifications on
a suitable plot of land:
(a) The minimum height of each hut at the eave’s level shall be 2.10 m. (7 ft.) and the
floor area to be provided will be at the rate of 2.70 s q m (30 Sqft.) for each
member of the worker’s family staying with the labourer.
(b) The Contractor shall in addition construct suitable cooking places having a
minimum area of 1.80m x 1.50m (6’x5') adjacent to the hut for each family.
(c) The Contractor shall also construct temporary latrines and urinals, and bathing
& washing places for the use of labour/ workers, which shall be at the rate one
such facility for each 25 users (men and women to be counted separately), and
separate latrines and urinals to be provided for women. These facilities shall be
suitably screened.
(vi) All the huts shall have walls of sun-dried or burnt-bricks laid in mud mortar or other
suitable local materials as may be approved by the Engineer-in-Charge. In case of sun-
dried bricks, the walls should be plastered with mud gobri on both sides. The floor may
be kutcha but plastered with mud gobri and shall be at least 15 cm (6") above the
surrounding ground. The roofs shall be laid with thatch, or any other materials as may
be approved by the Engineer-in-Charge and the Contractor shall ensure that
throughout the period of their occupation, the roofs remain water-tight.
(vii) The Contractor(s) shall provide each hut with proper ventilation.
(viii) All doors, windows, and ventilators shall be provided with suitable leaves for security
purposes.
(ix) There shall be kept an open space of at least 7.2 m. between the rows of huts, which
may be reduced to 6 m. according to the availability of site with the approval of the
Engineer-in-Charge. Back-to-back construction will be allowed.
(x) Water Supply - The Contractor(s) shall provide adequate supply of water for the use
of labourer. The provisions shall not be less than two gallons of pure and wholesome
water per head per day for drinking purposes and three gallons of clean water per
head per day for bathing and washing purposes. Where piped water supply is
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available, supply shall be at stand posts and where the supply is from wells or river,
tanks which may be of metal or masonry, shall be provided. The Contractor(s) shall
also at his/ their own cost make arrangements for laying pipelines for water supply
to his/ their labour camp from the existing mains wherever available, and shall pay all
fees and charges thereof.
(xi) Disposal of Excreta- The Contractor shall make necessary arrangements for the
disposal of excreta from the latrines by trenching or incineration which shall be
according to the requirements laid down by the Local Health Authorities. If trenching
or incineration is not allowed, the Contractor shall make arrangements for the removal
of the excreta through the Municipal Committee/authority and inform it about the
number of labourers employed so that arrangements may be made by such
Committee/authority for the removal of the excreta. All charges on this account shall
be borne by the Contractor and paid directly by him to the Municipality/authority. The
Contractor shall provide one sweeper for every eight seats in case of dry system.
(xii) Drainage - The Contractor shall provide efficient arrangements to drain away sullage
water so as to keep the camp neat and tidy.
(xiii) The Contractor shall make necessary arrangements for keeping the camp area
sufficiently lighted to avoid accidents to the workers.
(xiv) Sanitation - The Contractor shall make arrangements for conservancy and sanitation
in the labour camps according to the Public Health and Medical Authorities.
In every case in which by virtue of the provisions of the Contract Labour (Regulation
and Abolition) Act, 1970, and of the Contract Labour (Regulation & Abolition) Central
Rules 1971, Employer is obliged to pay any amount of wages to workman employed
by the Contractor in execution of the works, or to incur any expenditure in providing
welfare and health amenities required to be provided under the above said Act or
under the Labour Regulations, or under the Rules framed by Government from time to
time for the protection of health and sanitary arrangements for workers employed
by Contractors, Employer will recover from the Contractor, the amount of wages so
paid or the amount of expenditure so incurred from any sum due by Employer to the
Contractor whether under this contract or otherwise.
Where the Contractor is a partnership firm, the prior approval in writing of the
Engineer-in-Charge shall be obtained before any change is made in the constitution of
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the firm. Where the Contractor is an individual or a Hindu Undivided Family business
concern such approval as aforesaid shall likewise be obtained before the Contractor
enters into any partnership under agreement where the partnership firm would have
the right to carry out the works hereby undertaken by the Contractor.
The Contractor shall fully indemnify the Employer and his authorized representatives
from and against all claims and proceedings for or on account of any infringement of
any patent rights, design, trademark or name or other protected rights in respect of
any construction plant, machine, work or material used for in connection with the
works or temporary works.
This contract shall be governed by the Indian laws for the time being in force.
The Contractor shall strictly adhere by the provisions of law for the time being in
force relating to works or any regulations and bylaws made by any local authority
or any water & lighting agencies or any undertakings within the limits of the
jurisdiction of which the work is proposed to be executed. The Contractor shall be
bound to give to the authorities concerned such notices and take all approvals as may
be provided in the law, regulations or bylaws as aforesaid, and to pay all fees and taxes
payable to such authorities in respect thereof.
81. Jurisdiction
82. Contractor Liable for Damages, Defects During Defect Liability Period
If the Contractor or his working people or servants shall break, deface, injure, or
destroy any part of the building in which they may be working, or any building, road,
road kerb, fence, enclosure, water pipe, cables, drains, electric or telephone post or
wires, trees, grass or grassland, or cultivated ground contiguous to the premises on
which the work or any part is being executed, or if any damage shall happen to the
work while in progress, from any cause whatever or if any defect, shrinkage or other
faults appear in the work, he shall, upon receipt of a notice in writing from Engineer-
in-Charge on that behalf, make the same good at his own expense or in default, the
Engineer-in-Charge shall cause the same to be made good by other workmen and
deduct the expense from any sums that may be due or at any time thereafter may
become due to the Contractor, or from his security deposit or the proceeds of sale
thereof or of a sufficient portion thereof.
Except where otherwise provided in the contract, all questions and disputes relating
to the meaning of the specifications, design, drawings and instructions here-in before
mentioned and as to the quality of workmanship or materials used on the work or as
to any other question, claim, right, matter or thing whatsoever in any way arising out
of or relating to the contract, designs, drawings, specifications, estimates, instructions,
orders or these conditions or otherwise concerning the works or the execution or
failure to execute the same, whether arising during the progress of the work or after
the cancellation, termination, completion or abandonment thereof shall be dealt with
as mentioned hereinafter:
(i) If the Contractor considers any work demanded of him to be outside the requirements
of the contract, or disputes any drawings, record or decision given in writing by the
Engineer-in-Charge or if the Engineer-in-Charge considers any act or decision of the
Contractor on any matter in connection with or arising out of the contract or carrying
out of the work, to be unacceptable and is disputed, such party shall promptly within
15 days of the arising of the disputes, request as under.
(a) Dispute to be put up before the Employer for resolution.
(b) If the resolution fails, the matter be put up before the Conciliation Committee
to be appointed by the Employer.
(c) If the conciliation also fails, the Contractor may request for the appointment
of arbitrator under intimation to the other party.
(d) On receipt of such request, the Employer may appoint a sole arbitrator for
adjudication of the dispute(s).
(ii) It is a term of this contract that the party invoking arbitration shall give a list of
disputes with amounts claimed, if any, in respect of each such dispute along with the
notice for appointment of arbitrator.
(iii) The parties shall share the Arbitration fees equally. In case there is no finalization of
place of arbitration, the Arbitral Tribunal shall determine the place of arbitration. The
venue of the arbitration shall be such place as may be fixed by the Arbitral Tribunal
in consultation with both the parties. Failing any such agreement, the Arbitral Tribunal
shall decide the venue.
In the case of any class of work for which there is no such specifications, such work
shall be carried out in accordance with the latest CPWD, Bureau of Indian Standards
Specifications. In case there are no such specifications mentioned in the CPWD/Bureau
of Indian Standards, the work shall be carried out as per manufacturers' specifications,
if not available then as per State/ District Specifications. In case there are no such
specifications as required above, the work shall be carried out in all respects in
accordance with the instructions and requirements of the Engineer-in- Charge.
0-0-0-0-0
Place:
Date:
Place: _______________________
Date: ________________________
Place: _______________________
Date: ________________________
Place:
Dated:
Place: _______________________
Date: ________________________
Employer/PMC,
2. Whereas the Employer/PMC, as a special case, has agreed to accept an irrevocable and
unconditional Tender Bond Guarantee for an amount of Rs.
, valid up to from the tenderer in lieu of
Cash Deposit of Rs. required to be made by the tenderer, as a
condition precedent for participation in the said tender.
Witness.
1.
2.
Employer/PMC,
1. Whereas the Employer/ PMC, having its Registered Office at
(hereinafter called "Employer/PMC", which expression
shall include its successors and assigns) having awarded a work order/contract /
supply order No. dated (hereinafter called the contract) to M/s
(hereinafter called the contractor/ supplier) at a
total price of Rs. subject to the terms and conditions
contained in the contract.
2. Whereas, the terms and conditions of the contract require the contractor to furnish a
bank guarantee for Rs. (Rupees
) being % of the total value of the contract
for proper execution and due fulfilment of the terms and conditions contained in the
contract.
3. We, the Bank, (hereinafter called the "Bank") do hereby unconditionally and
irrevocably undertake to pay to the Employer/PMC immediately on demand in writing
and without protest/or demur all moneys payable by the contractor/ supplier to the
Employer/PMC in connection with the execution/ supply of and performance of the
works/ equipment, inclusive of any loss, damages, charges, expenses and costs caused
to or suffered by or which would be caused to or suffered by Employer/PMC by reason
of any breach by the contractor/ supplier of any of the terms and conditions contained
in the contract as specified in the notice of demand made by Employer/PMC to the
bank. Any such demand made by Employer/PMC on the bank shall be conclusive
evidence of the amount due and payable.
4. This guarantee shall be a continuing guarantee and irrevocable for all claims of the
Employer/PMC as specified above and shall be valid during the period specified for the
performance of the contract.
5. We, the said bank, further agree with the Employer/PMC that the Employer/PMC shall
have the fullest liberty, without our consent and without affecting in any manner our
obligations and liabilities hereunder, to vary any of the terms and conditions of the
said contract or to extend time for performance of the contract by the contractor from
time to time or to postpone for any time or from time to time any of the powers
exercisable by Employer/PMC against the contractor/supplier under the contract and
forbear or enforce any of the terms and conditions relating to the said contract and we
shall not be relieved from our liability by reason of any such variations or extension
being granted to the contractor or for any forbearance, act or omission on the part of
Employer/PMC or any indulgence by Employer/PMC to the contractor or by any such
matter or thing, whatsoever, which under the law relating to the sureties would, but
for this provision, have effect of so relieving us.
WITNESS.
1.
2.
Employer/PMC,
WITNESS.
1.
2.
Employer/PMC,
WITNESS.
1.
2.
<Signature> <Signature>
<Name and Address of the Authorised <Name and Address of the Authorised
Signatory> Signatory>
Witnesses
1. 1.
For and on Behalf of the Guarantor For and on behalf of the Employer/ PMC
<Signature> <Signature>
<Name and Address of the Authorised <Name and Address of the Authorised
Signatory> Signatory>
Witnesses Witnesses
1. 1.
2. 2.
Performa for
Indenture for Secured Advance or Credit
Contractor
Authorised Signatory
(Name & Seal of Company)
Date
Witness
1. –
2. –
Note: Contractor to fill all the details in the above proforma. Further Contractor shall
also fill-in the details at SI.No.5 above based on the estimated value of the proposed
work to be subcontracted.
Page 2 of 88
1. General
The documents forming the Contract are to be taken as mutually explanatory of one
another. If there is an ambiguity or discrepancy in the documents, the Employer shall
issue necessary clarifications or instructions to the Contractor, and the order of
precedence of the documents shall be as follows:
I. Contract Agreement
II. Letter of Award
III. Bill of Quantities
IV. GFC Drawings
V. Technical Specifications
VI. Special Conditions of Contract
VII. Instructions to Tenderers
VIII. General Conditions of Contract
IX. Other
2. Scope of Work
3. Scope of Supply
The scope of supply covered in this contract will be as described in Annexure –II to
SCC.
4. Time Schedule
4.1. The work shall be executed strictly as per the Time Schedule mentioned in Annexure
- III to SCC. The period of completion given includes the time required for mobilization
& demobilization as well as testing, commissioning, rectifications, if any, re-testing, and
completion in all respects as per the directions of the Engineer-in-Charge.
5. Statutory Approvals
5.1. Obtaining statutory approvals (for both temporary and permanent works) during
construction and upon completion, as required, and as defined in Contractor’s Scope of
Work in Annexure-I to SCC, shall be the responsibility of the Contractor. Contractor
shall arrange the inspection of the works by the authorities and necessary co-
ordination and liaison work in this respect.
The statutory approvals/ permissions (but not limited to the following) are required
to be arranged by the contractor for the execution of works. In case the permissions/
approvals are arranged by the contractor in the name of employer, the fees paid for
obtaining such statutory approvals shall be reimbursed as per actuals by the employer
Page 3 of 88
on production of documentary evidence.
(a) Permission for excavation
(b) Labour registration
(c) Temporary water, sewer and electricity connections.
(d) NOC from electrical inspectorate.
(e) NOC from Labour department.
(f) Any other approvals from the statutory authorities that the Contractor may
need to obtain in connection with his scope of work.
5.2 However, in addition to the above, the contractor shall render all possible support for
submission and approval of various other statutory approvals required to be taken by
the PMC/ Employer, including the following:
(a) Application for obtaining the Occupation Certificate and to support checking by
the authorities that the Building has been constructed in conformity with the
sanctioned building plans;
(b) Obtaining the Fire NOC;
(c) Obtaining Permanent Water, Sewer and Electricity connections from the
authorities;
(d) Any other approval arising from the execution of works that may be required.
In continuation to Clause 31 of the GCC, the issue of materials lying at Site and listed in
Page 4 of 88
Annexure-VI to SCC shall be supplied by the Employer to the contractor against
Payment as per rates depicted in Annexure-VI which includes GST. The contractor
shall be responsible for the transportation, up-keep and watch and ward of the material
after issue.
(i) The Employer shall not supply any Tools and Equipment lying at site as ‘free issue’
material.
(ii) However, for the purpose of faster mobilization and timely project execution, if opted
by the contractor, the tools and equipment already lying at site under Employer’s
Possession, will be offered to the Contractor for work execution at the rates as
mentioned in Annexure-VII. The amount based on the mentioned Rates will be
recovered by the Employer from the RA/ final bills of the contractor on a pro rata basis.
(iii) It may be noted that the repair, operation and maintenance of the equipment so made
available would be the responsibility of the contractor.
(iv) The quality of work shall be as per bid document irrespective of the Employer’s offered
equipment supply. The responsibility of the quality of work that has been executed
using the corresponding equipment solely lies with the Contractor, without any time
and cost implications to the Employer.
(v) On completion of the work, the contractor shall handover the possession of tools and
equipment to the Engineer-in-Charge in working condition. In case of any damage to
the tools and equipment, contractor shall repair the same before handing over to the
Employer/ his representative.
In continuation with Clause 34 of the GCC, the HSE management at site shall be carried
out in strict compliance to Annexure - VIII to SCC.
(i) The Contractor to establish/ provide an Office at site, furnished with basic furniture,
for the PMC/ TPIA/ Employer’s personnel to the satisfaction of Engineer-in-charge.
Minimum capacity of the number of persons and area shall be as per site requirements.
(ii) The contractor shall maintain the aforesaid facilities for various site activities
operational during the currency of the contract and till the contractual completion date
including extensions (if any). Operation and maintenance cost on the above facilities
shall be completely borne by the contractor.
(i) The maintenance cost of the works executed shall be borne by the Employer after the
offer of possession to the homebuyers or 6 months from the date of issue of the
Completion Certificate, whichever is later.
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(ii) Contractor shall prepare and submit all Operation & Maintenance manuals as per
“Good Engineering Practices” after completion of work, which shall be got approved
from the Engineer- in-charge.
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Annexure - I
(Special Conditions of Contract)
Scope of Work
The scope of work shall generally comprise of but not limited to the following:-
1. Earth Work
2. Cement Concrete Work
3. RCC Work
4. Brick Work
5. Steel Works
6. Flooring Works
7. Finishing Works
8. Waterproofing Work
9. Expansion Joint
Page 7 of 88
Annexure - II
(Special Condition of Contract)
Scope of Supply
1. Scope of Supply shall be as specified in the technical section of the bidding document.
2. All material, equipment, consumables etc. required for successful completion of the
works are to be supplied by the contractor.
3. All materials, equipment, labour & consumables required for successful completion of
work as per the description of items in the Schedule of Rates shall be supplied by the
Contractor and the cost of such supply shall be deemed to be included in the quoted
rates without any additional liability on the Employer except for the material (if any)
specifically covered under Employer’s Scope of Supply.
4. The Equipment tools and tackles to facilitate construction and after final
commissioning, Performance Guarantee, Test run shall be in Contractor’s scope. The
Contractor may arrange the same through purchase/ hire/ lease basis and such
equipment, tools, tackles shall remain the property of the Contractor and it shall be
removed from site after its requirement is over. No additional payment shall be made
for mobilization and/or demobilization of such equipment, tools & tackles etc.
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Annexure- III
(Special Condition of Contract)
Time Schedule
Name of Work: “External area development (Boundary Wall, Swimming pool &
Expansion joint) works for ‘FRESCO’ at Sector-50, Gurugram”
Sr.
Description Time of Completion
No.
Notes:
1. Time of Completion shall be as defined in the NIT.
2. The Time indicated is for completing all the works in all respects as per specifications,
codes, drawings and instructions of Engineer-in-Charge
Page 9 of 88
Annexure- IV
(Special Conditions of Contract)
Page 10 of 88
Rate at which recovery
shall be made per
Sr. month form the
Category Qualification & Experience Nos.
No. contractor in the event
of not fulfilling
provision of clause 36
2. Notes-
(i) The detail of manpower required to be deployed by the contractor during Construction
for Completion of the work within schedule time is Indicative only. This should be
corresponding to the scale and size of the Contract. The Contractor is required to
augment the above list with additional numbers/categories of personnel as required
and/or as directed by Engineer-in-Charge to carry out the works in working hours
including night shifts and complete the work within the completion schedule.
(ii) The Key Personnel identified above shall be well qualified & having adequate relevant
experience as specified in document above. The other manpower shall also be qualified
and experienced with their assigned work. The contractor shall submit the Detailed
Manpower Deployment schedule along with the Bid.
(iii) CVs of key persons proposed to be deployed shall be submitted to Engineer–in-Charge
prior to their mobilization at site.
Page 11 of 88
Annexure - V
(Special Conditions of Contract)
Page 12 of 88
Annexure - VI
(Special Conditions of Contract)
NOT APPLICABLE
Page 13 of 88
Annexure - VII
(Special Conditions of Contract)
NOT APPLICABLE
Page 14 of 88
Annexure - VIII
(Special Conditions of Contract)
Page 15 of 88
1. SCOPE
2. REFERENCES
The document should be read in conjunction with following:
- General Conditions of Contract (GCC)
- Special Conditions of Contract (SCC)
- Building and other construction workers Act,
- Indian Factories Act
- Technical specifications
- Relevant State & National Statutory requirements.
- Operating Manuals Recommendation of Manufacturer of various
construction Machineries
3. REQUIREMENTS OF HEALTH, SAFETY & ENVIRONMENTAL
(HSE) MANAGEMENT SYSTEM TO BE COMPLIED BY CONTRACTORS
3.1 Management Responsibility
3.1.1 HSE Policy & Objectives
The Contractor should have a documented and duly approved HSE
policy & objectives to demonstrate commitment of their organization to
ensure health, safety and environmental aspects in their line of
operations.
3.1.2 Management System
The HSE management system of the Contractor shall cover the HSE
requirements & commitments to fulfil them, including but not limited to
what have been specified under clauses 1.0 and 2.0 above. The
Contractor shall obtain the approval of its site specific HSE Plan from
Engineer in charge prior to commencement of any site works. Corporate
as well as Site management of the Contractor shall ensure compliance of
their HSE Plan at work sites in its entirety in true spirit.
3.1.3 Indemnification
Contractor shall indemnify & hold harmless, Owner/PMC & their
representatives, free from any and all liabilities arising out of fulfilment
of HSE requirements or its consequences.
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3.1.4 Deployment & Qualifications of Safety Personnel
a) Safety Steward/Observer
As a minimum, he shall possess class XII pass certificate and should
have minimum two year of practical experience in construction work
environment and should have adequate knowledge of the local
language spoken by majority of the workers at the construction site.
b) Safety Supervisor
As a minimum, he shall possess a recognized graduation Degree or a
Diploma in Engg. with minimum Two years of practical experience in
construction work environment and should possess requisite skills to
deal with construction safety related day-to-day issues.
Page 17 of 88
The Contractor shall verify & authenticate credentials of such safety
personnel and furnish Bio-Data/Resume/Curriculum Vitae of the safety
personnel as above for approval of Engineer in charge.
Imposition/ Realization of penalty shall not absolve the Contractor from
his/her responsibility of deploying competent safety officer at site.
Adequate planning and deployment of safety personnel shall be
ensured by the Contractor
so that field activities do not get affected because of non-deployment
of competent & qualified safety personnel in appropriate numbers.
Page 18 of 88
relevant statutes. Hydra, cranes, lifting machinery, mobile equipments/
machinery/ vehicles, etc. shall be inspected regularly by only competent
/ experienced personnel at site and requisite records for such
inspections shall be maintained by contractor. Contractor shall also
maintain records of maintenance of all other site machinery (e.g.
generators, rectifiers, compressors, cutters, etc.) &portable
tools/equipments being used at project related works (e.g. drills,
abrasive wheels, punches, chisels, spanners, etc.).
j) Site facilities /temporary. installations, e.g. batching plant, cement go
down, DG-room, temporary electrical panels/distribution boards,
fabrication yards, etc. and site welfare facilities, like labour colonies,
canteen/pantry, rest-shelters, motor cycle/bicycle-shed, First-aid
centers, urinals/toilets, etc. should be periodically inspected by
Contractor.
3.1.6 Awareness and Motivation
a) The Contractor shall promote and develop awareness on Health, Safety
and Environmental protection among all personnel working for the
Contractor.
b) The contractor shall display safety statistics board at all prominent
location .Also shall provide dedicated notice board for displaying of
safety alerts or any other safety related notices for awareness site
workforces.
c) Regular awareness programs and fabrication shop/work site meetings
at least on monthly basis shall be arranged on HSE activities to cover
hazards/risks involved in various operations during construction.
d) Contractor to motivate & encourage the workmen & supervisory staff
by issuing/ awarding them with tokens/ gifts/ mementos/ monetary
incentives/ certificates etc. The motivational program shall be
organized on regular basis.
3.1.7 Fire Prevention & First-Aid
a) The Contractor shall arrange suitable First-aid measures such as
First Aid Box
(Refer Appendix-B for details), stand-by Emergency Vehicle
.Additionally separate ambulance. At least one fire extinguisher shall
be placed at each location of DG Set, Hot works, electrical booth etc.
b) The Contractor shall arrange installation of fire protection measures
such as adequate number of steel buckets with sand & water and
adequate number of appropriate portable fire extinguishers (Refer
Appendix-C for details) to the satisfaction of Owner.
c) The Contractor shall arrange EMERGENCY MOCK DRILL like fire, bomb
threat, gas leakage, earth quake, etc. at each site at least once in three
months, involving site workmen and site supervisory personnel &
engineers.
d) The contractor shall require to tie-up with the hospitals located in the
neighborhood for attending medical emergency.
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3.1.8 Documentation
3.1.9 Audit
3.1.10 Meetings
Page 20 of 88
chaired by his top most
executive at site on fortnightly basis and maintain records. Such internal
HSE meetings shall essentially be attended by field engineers /
supervisors including safety personnel of the Contractor and its
associates. Records of such internal HSE meetings shall be maintained
by the Contractor for review by Engineer in charge or for any HSE
Audits.
a) The Contractor shall ensure that his staff members & workers
(permanent as well casual) shall not be in a state of intoxication during
working hours and shall abide by any law relating to consumption &
possession of intoxicating drinks or drugs in force.
b) The Contractor shall not allow any workman to commence any work at
any locations of project activity who is/are influenced / effected with
the intake of alcohol, drugs or any other intoxicating items being
consumed prior to start of work or working day.
c) Awareness about local laws on this issue shall form part of the Induction
Training and compulsory work-site discipline.
d) The Contractor shall ensure that all personnel working for him comply
with “No-Smoking” requirements of the Owner as notified from time to
time. Cigarettes, lighters, auto ignition tools or appliances as well as
intoxicating drugs, dry tobacco powder, etc. shall not be allowed inside
the project / plant complex.
e) Smoking shall be permitted only inside smoking booths, if any,
exclusively designated & authorized by the Engineer in charge.
3.1.12 Penalty
Page 21 of 88
and/or impose a suitable penalty.
The amount of penalty to be levied against defaulted Contractor shall be up
to a cumulative limit of 2.0% (Two percent) of the contract value.
Page 22 of 88
7. Poor House Keeping Rs.5,000 /- per occasion
per subject
8. Failure to report & follow-up accident (including Rs.20,000/ per
Near Miss) reporting system within specific -
timeframe.
occasion
9. Failure to deploy adequately qualified and Rs.10,000/ per
-
competent Safety Officer
day
10. Any violation not covered above To be decided by
Engineer
i
n charge
The Contractor shall make his field engineers/supervisors fully aware of the
fact that they keep track with the site workmen for their behavior and
compliance of various HSE requirements. Safety lapses / defects of project
construction site shall be attributable to the concerned job supervisor /
engineer of the Contractor, (who remains directly responsible for safely
executing field works). For repeated HSE violations, concerned job
supervisor / engineer shall be reprimanded or appropriate action, as
deemed fit, shall be initiated (with information to Engineer in charge) by
the concerned Contractor.
Page 23 of 88
All accidents/incidents shall be informed to Engineer in charge at least
telephonically by Contractor immediately and in writing within 24 hours on
Format No. HSE-2 as applicable, by Contractor. Thereafter, a
Supplementary Accident/Incident investigation Report on Format No.
HSE-3 shall be submitted to Owner within 72 hours. Near Miss incident(s),
Dangerous accidents/incident shall also be reported on Format No. HSE-4
within24 hours. The accident/ incident shall be investigated by a team of
Contractor’s senior Site personnel (involving Site-in- Charge or at least by
his deputy) for establishing root-cause and recommending corrective &
preventive actions. Findings shall be documented and suitable actions
taken to avoid recurrences shall be communicated to Engineer in charge.
Engineer in charge shall have the liberty to independently investigate such
occurrences and the Contractor shall extend all necessary help and
cooperation in this regard. Engineer in charge shall have the right to share
the content of this report with the outside world.
Page 24 of 88
covered while moving within the plant area/ or these materials shall be
transported with top surface wet.
k) The contractor shall ensure that the atmosphere in plant area and on
roads is free from particulate matter like dust, sand, etc. by keeping the
top surface wet for ease in breathing.
l) At least two exits for any unit area shall be assured at all times – same
arrangement is preferable for digging pits/ trench excavation/ elevated
work platforms/ confined spaces etc.
m) Welding cables and the power cable must be segregated and properly
stored and used. The same shall be laid away from the area of
movement and shall be free from obstruction.
n) Schedule for upkeep /cleaning of site to be firmed up and implemented
on regular basis.
The Contractor shall carry-out regular checks (minimum one per fortnight)
as per format No. HSE-11 for maintaining high standard of housekeeping
and maintain records for the same. The Contractor shall provide supervisor
for housekeeping exclusively for management of day-to-day housekeeping
activities.
Page 25 of 88
roads or in yards.
l) Erection of any item at >2.0 Mts. height using 100T crane or of higher
capacity
m) Work in Live Electrical installations / circuits
n) Demolishing/ dismantling activities
o) Welding/ gas cutting jobs at height (+2.0 Mts.)
p) Lifting/placing roof-girders at height (+2.0 Mts.)
q) Working in “Charged/Live” elect. Panels
r) Erection/dismantling of scaffolding
The necessary HSE measures devises shall be put in place, prior to start of
an activity & also shall be maintained during the course of works, by the
Contractor.
3.3.2 Accessibility
b) The Contractor shall ensure that all their staff, workers and visitors
including their sub- contractor(s) have been issued (records to be kept)
& wear appropriate PPEs like nape strap type safety helmets preferably
with head &sweat band with ¾” cotton chin strap, High ankle safety
shoes with steel toe cap and antiskid sole, full body harness, protective
Page 26 of 88
goggles, gloves, ear muffs, respiratory protective devices, etc. All these
gadgets shall conform to applicable IS Specifications. The Contractor
shall implement a regular regime of inspecting physical conditions of
the PPEs being issued / used by the workmen of their own & also its
sub-agencies and the damaged / unserviceable PPEs shall be replaced
forthwith.
c) Engineer in charge may issue a comprehensive color scheme for helmets
to be used by various agencies. The Contractor shall follow the scheme
issued by the Engineer in charge and shall choose colour other than
blue (for Owner and their representatives). All HSE personnel shall
preferably wear dark green band on their helmet or green color safety
helmet so that workmen can approach them for guidance during
emergencies. HSE personnel shall preferably wear such dresses with
fluorescent stripes, which are noticeable during night, when light falls
on them.
d) Florescent jackets with respective company logo to be worn by the
contractor workmen with different color coding for categories like
supervisor and workmen.
e) An indicative list of HSE standards/codes is given under Appendix-A.
f) Contractor shall ensure procurement & usage of following safety
equipment’s/ accessories (conforming to applicable IS mark) by their
staff, workmen & visitors including their subcontractors all through the
span of project construction.
a) The Contractor shall issue permit for working (PFW) at height after
verifying and certifying the checkpoints as specified in the attached
Page 27 of 88
permit (Format No. HSE-6). He shall also undertake to ensure
compliance to the conditions of the permit during the currency of the
permit including adherence of personal protective equipments.
Contractor’s Safety Officer shall verify compliance status of the items of
permit document after implementation of action is completed by
Contractor’s execution / field engineers at work site.
b) Such PFW shall be initially issued for one single shift or expected
duration of normal work and extended further for balance duration, if
required.
d) The Contractor shall ensure that Full body harnesses with double
lanyards conforming IS Specifications is used by all personnel while
working at height. The life lines should have enough tensile strength to
take the load of the worker in case of a fall. The harness should be
capable of keeping the workman vertical in case of a fall, enabling him
to rescue himself.
e) The Contractor shall ensure that a proper Safety Net System is used
wherever the hazard of fall from height is present. The safety net,
preferably a knotted one with mesh ropes conforming to relevant IS
specifications shall have a border rope & tie cord of minimum 12mm
dia. The Safety Net shall be located not more than 6.0 meters below the
working surface extending on either side upto sufficient margin to
arrest fall of persons working at different heights.
f) In case of accidental fall of person on such Safety Net, the bottom most
portion of Safety Net should not touch any structure, object or ground.
g) Beam Clamps may be used for construction of localized temporary
working platforms
sheds for welding booths etc. at height in all types of steel structure due
to faster installation and requirement of less scaffolding materials.
h) Hanging Platform, manufactured by Standard HSE equipment vendors
must be encouraged for painting of Buildings etc.
i) All the tools used at height (like spanner, screw driver etc.) shall be
provided with securing arrangement like back-pack/waist pouch to
prevent accidental slippage from worker hand.
j) The Contractor shall install temporary lightening arrester in tall
structures during construction to save human life and to avoid damage
Page 28 of 88
to equipment’s & machineries. During the possibility of a thunderstorm,
all the work at height where a person can be exposed to lightning shall
be stopped.
b) The Contractor shall ensure that the scaffolds used during construction
activities shall be strong enough to take the designed load. Only metallic
scaffold boards shall be allowed to use. Steel tubes shall be free from
cracks, splits, Surface flaws & other defects. All couplers & fittings shall
be properly oiled and maintained.
Page 29 of 88
checked by the licensed/competent electricians of the Contractor.
a. Ensure that electrical systems and equipment including tools & tackles
used during construction phase are properly selected, installed, used
and maintained as per provisions of the latest revision of the Indian
Electrical/ applicable international regulations.
Page 30 of 88
k. ELCB tester /test meter shall be used for testing the ELCBs operation.
ELCBs testing shall be carried out by using ELCB tester on monthly
basis but in specific cases like heavy rain as decided by owner/EIC.
Record of the testing shall be maintained.
The following features shall also be ensured for all electrical installations
during construction phase by the contractor:
b. The outgoing feeders shall be double or triple pole switches with fuses
/ MCBs. Loads in a three phase circuit shall be balanced as far as
possible and load on neutral should not exceed 20% of load in the
phase.
e. All single phase sockets shall be minimum 3 pin type only. All unused
sockets shall be provided with socket caps.
Page 31 of 88
i. Cables shall be free from any insulation damage.
n. All cables (green colour) and wire rope used for earth connections shall
be terminated through tinned copper lugs.
p. Separate core shall be provided for neutral. Earth / Structures shall not
be used as a neutral in any case.
Page 32 of 88
b) All lifting tools, tackles, equipment, trailers, trucks/dumpers,
accessories including cranes shall be tested periodically by competent
authority for their condition and load carrying capacity. Valid test &
fitness certificates from the applicable authority shall be submitted to
Engineer in charge for their review/acceptance before the lifting tools,
tackles, equipment, trailers, trucks/dumpers, accessories and cranes
are used. Third party inspection certificate is mandatory for all lifting
tools & tackles before put into use.
a) The contractor shall identify all operations that can adversely affect
the health of its workers and issue & implement mitigation measures.
b) The Contractor shall arrange Medical Camps at regular intervals at
work sites and labor colonies to assess health condition of workers.
c) The Contractor shall ensure vaccination of all the workers including
their families if residing at site, during the course of entire project
span.
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3.3.9 Hazardous substances
Page 34 of 88
including maintaining speed limit of 20 KMPH or indicated by owner
for all types of vehicles / mobile machinery. The maximum allowable
speed shall be adhered to.
d) In case of an alert or emergency, the Contractor must arrange clearance
of all the routes, roads, access.
e) Dumpers, Tippers, etc. shall not be allowed to carry workers within the
site and also to & from the labour colony to & from project sites.
f) The Contractor shall not deploy any such mobile machinery /
Equipments, which do not have competent operator and / or
experienced banks-man/signal-man. Such machinery/equipments
shall have effective limit-switches, reverse-alarm, front & rear-end
lights etc. and shall be maintained in good working order.
g) The Contractor shall not carry-out maintenance of vehicles / mobile
machinery occupying space on project / plant roads and shall always
arrange close supervision for such works.
h) Contractor’s shall arrange /install visible road signs, diversion boards,
caution boards, etc. on project roads for safe movement of men and
machinery.
Page 35 of 88
breeding by fumigation/spraying of insecticides at
workplace/fabrication yard.
The contractor shall strive to conserve energy and water wherever feasible.
The contractor shall ensure dust free environment at workplace by
sprinkling water on the ground at frequent intervals. The air quality
parameters for poisonous gases, toxic releases, harmful radiations, etc. shall
be checked by the contractor on daily basis and whenever need arises.
The contractor shall not be allowed to discharge chemicals, oil, silt, sewage,
sullage and other waste materials directly into the controlled waters like
surface drains, streams, rivers, ponds. A
discharge plan shall be submitted to Engineer in charge for approval.
3.3.15 Rules & Regulations
All persons deployed at site shall be knowledgeable of and comply with the
environmental laws, rules & regulations relating to the hazardous
materials, substances and wastes. Contractor shall not dump, release or
otherwise discharge or disposes off any such materials without the express
authorization of Engineer in charge. An indicative list of Statutory Acts &
Rules relating to HSE is given under Appendix-D.
3.3.17 Communication
Page 36 of 88
All persons deployed at the work site shall have access to effective means
of communication so that any untoward incident can be reported
immediately and assistance sought by them.
All health & safety information shall be communicated in a simple & clear
language easily understood by the local workforce.
For information to all, typical subjects that should be communicated are: -
Inside the company (Top to down)
a. Quality Policy
b. HSE Policy contents
c. Environment Policy
d. HSE Objectives
e. Safety Cardinal Rules
f. HSE Target – reached or missed
g. Praises & Warnings to personnel for HSE Management
h. Safety Walk Through Reports and safety defects / shortfalls (by
management)
i. HSE Audit results
j. Revised Statutory Health & Safety provisions, if any
k. H & S publicity
l. Suggestions
Page 37 of 88
The Contractor shall obtain permission from competent authorities prior to
excavation wherever required.
The Contractor shall locate the position of buried utilities (water line, cable
route, etc.) by referring to project in consultation with Engineer in charge.
The Contractor shall start digging manually to locate the exact position of
buried utilities & thereafter use mechanical means.
The Contractor shall keep soil heaps at least 1.5 M away from edge or a
distance equal to depth of pit (whichever is more)
All excavated pits greater than 10 Sq.M plan area and depth more than 1.5M
shall have at least two access routes for ingress and egress. Also, additional
access routes shall be provided such that distance between any two access
routes shall not be more than 20M.
The Contractor shall maintain sufficient “angle of repose” during excavation
– shall also provide slope or suitable bench as decided by Owner.
The Contractor shall arrange “battering” or “benching” wherever required
for preventing collapse of edge of excavations.
The Contractor shall identify & arrange de-watering pump or well-point
system to prevent earth collapse due to heavy rain / influx of underground
water.
The Contractor shall arrange protective fencing/ hard barricading with
warning signal around excavated pits, trenches, etc. along with minimum 2
(two) entries, exits / escape ladders.
The Contractor must avoid “underpinning” / under-cutting to prevent
collapse of chunk of earth during excavation
The Contractor shall use “stoppers” to prevent over-run of vehicle wheels
at the edge of excavated pits / trenches.
The Contractor shall arrange strengthening of “shoring” & “strutting”
proactively to avoid collapse of earth / edges due to vehicular movement in
close proximity of excavated areas / pits/ trenches, etc.
3.4 Tool Box Talks (TBT)
Contractor shall conduct daily TBT with workers prior to start of work and
shall maintain proper record of the meeting. A record shall be
maintained in a format suggested by Engineer in charge.
The Contractor shall conduct TBT before start of every morning or evening
shift or night shift activities, for alerting the workers on specific hazards and
their appropriate dos & don’ts. The Contractor shall provide sufficient rests
to the site workmen and their foremen to avert fatigue & thereby
Page 38 of 88
endangering their lives during the course of site works.
b) Contractor shall conduct Safety induction programme on HSE for all his
workers and maintain records. The Gate Pass shall be issued only to
those workers who successfully qualify the Safety induction
programme.
c) The Contractor shall brief the visitors about the HSE precautions which
are required to be taken before their proceeding to site and make
necessary arrangements to issue appropriate PPEs like Aprons, hard
hats, ear-plugs, goggles & safety shoes etc., to his visitors. The
Contractor shall always maintain relevant acknowledgement from
visitor on providing him brief information on HSE actions.
Page 39 of 88
- Use of PPEs
- Occupational health issues – dos & don’ts
- Local laws on intoxicating drinks, drugs, smoking in force
- Common environmental subjects – lighting, ventilation,
vibration, smoke/fumes etc.
e) Records of the training shall be kept and submitted to Engineer in
charge.
On Award of Contract
The Contractor shall submit a comprehensive Health, Safety and
Environmental Plan or programme for approval by Engineer in charge
prior to start of work. The Contractor shall participate in the pre-start
meeting with Engineer in charge to finalize HSE Plans which shall including
the following:
- HSE policy & Objectives
- Job procedure to be followed by the Contractor for construction
activities including handling of equipments, scaffolding, electric
installations, etc. describing the risks involved, actions to be taken and
methodology for monitoring each activity. Indicative list of procedures
is enclosed as Annexure-H
- PMC/Owner review/audit requirement.
- Organization structure along with responsibility and authority, on HSE
activities.
- Administrative & disciplinary steps involving implementation of HSE
requirements
- Emergency evacuation plan/ procedures for site and labour camps
- Procedures for reporting & investigation of accidents and near misses.
- HSE Inspection
- HSE Training programme at project site
- HSE Awareness programme at project site
- Reference to Rules, Regulations and statutory requirements.
- HSE documentation viz reporting, analysis & record keeping.
Page 40 of 88
A. IS CODES ON HSE
APPENDIX-A
(Sheet 1 of 2)
SP: 53 Safety code for the use, Care and protection of hand operated tools.
IS: 838 Code of practice for safety & health requirements in electric and
gas welding and cutting operations
IS: 1179 Eye & Face precautions during welding, equipment etc.
IS: 1860 Safety requirements for use, care and protection of abrasive
grinding wheels. IS: 1989 (Pt -II) Leather safety boots and shoes
IS: 2925 Industrial Safety Helmets
IS: 3016 Code of practice for fire safety precautions in welding &
cutting operation. IS: 3043 Code of practice for earthing
IS: 3764 Code of safety for excavation work
IS: 3786 Methods for computation of frequency and severity rates for
industrial injuries and classification of industrial accidents
IS: 3696 Safety Code of scaffolds and ladders
IS: 4083 Recommendations on stacking and storage of construction
materials and components at site
IS: 4770 Rubber gloves for electrical purposes
IS: 5121 Safety code for piling and other deep foundations
IS: 5216 (Pt-I) Recommendations on Safety procedures and practices in
electrical works IS: 5557 Industrial and Safety rubber lined boots
IS: 5983 Eye protectors
IS: 6519 Selection, care and repair of Safety footwear
IS: 6994 (Pt-I) Industrial Safety Gloves (Leather &
Page 41 of 88
Cotton Gloves) IS: 7293 Safety Code for working with
construction Machinery
IS: 8519 Guide for selection of industrial safety equipment for
body protection IS: 9167 Ear protectors
IS: 11006 Flash back arrestor (Flame arrestor)
IS: 11016 General and safety requirements for machine tools and
their operation IS: 11057 Specification for Industrial safety nets
IS: 11226 Leather safety footwear having direct moulded rubber sole
IS: 11972 Code of practice for safety precaution to be taken when entering a
sewerage system
IS: 13367 Code of practice-safe use of cranes
IS: 13416 Recommendations for preventive measures against hazards at working
place
Page 42 of 88
HEALTH, SAFETY &
APPENDIX-A
(Sheet 2 of 2)
345
ANSI Z49.1
354
Page 43 of 88
APPENDIX-B
DETAILS OF FIRST AID BOX
SL. DESCRIPTION QUANTITY
NO.
Note : The medicines prescribed above are only indicative. Equivalent medicines can also be used.
A prescription, in this regard, shall be required from a qualified Physician.
Page 45 of 88
APPENDIX-C
Fire Extinguisher
Fire Multi
Foam CO2 Dry Powder
Water purpo
se
(ABC)
Electrical fires x X
x : NOT TO BE USED
Note: Fire extinguishing equipment must be checked atleast once a year and after
every use by an authorized person. The equipment must have an inspection
label on which the next inspection date is given. Type of extinguisher shall
clearly be marked on it.
Page 46 of 88
APPENDIX-D
Page 47 of 88
APPENDIX-H
Page 48 of 88
FORMAT NO.:HSE-2 REV 0
(To be submitted by Contractor after every Incident / Accident within 24 hours to Owner)
Qualification
Job Experience
Page 49 of 88
5-10 yrs 11-15 yrs 15 years and above
What exactly the victim was doing just before the incident / accident? ..........................................
………………………………………………………………………………………………………….
………………………………………………………………………………………………………….
Nature of injury:
Accident type:
Page 50 of 88
Struck against Struck by Fall from Elevation
Fall on same level caught in caught under
caught in between Rubbed or abraded Contact with
(Electricity)
Contact with (Temp./ Contact with chemicals or Vehicle accident
extremes) oils
Other/specify
Page 51 of 88
FORMAT NO. : HSE-3
REV 0
Non-disabling injury
(Non- LTA) Hospitalized but resumed duty before end of 48
hrs.
Disabling injury (other LTA) Hospitalized & failed to resume duty within next
48 hrs.
Fatal (LTA): Death / Expiry
First Aid case (non LTA) Resume duty after first aid
Profession of victim:
Qualification
No formal education Non-Matriculate Matriculate
Graduate Post- grad Other/specify
Job Experience
NIL Less than 2 yrs. 2-5 yrs.
5-10 yrs. 11-15 yrs. 15 years and above
Page 52 of 88
Activity / Works that were continuing during incident / accident: -
What exactly the victim was doing just before the incident / accident? ....................................
………………………………………………………………………………………………………….
………………………………………………………………………………………………………….
Particular of tools & tackles being used and condition of the same after incident/accident:
…………………………………………………………………………….........................................
………………………………………………………………………………………………………
Description of Incident/Accident (How the incident was caused) : …………………………………...
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
Nature of injury:
Page 53 of 88
Accident type
Name & Telephone number of Hospital where the victim was treated
Mode of transport used for transporting victim – Ambulance / Private car / Tempo
/ Truck / Others How much time taken to shift the injured person to Hospital
What actions are taken for investigation of the incident, please indicate clearly –
(Video film / Photography / Measurements taken etc ................................................................ )
Hazardous methods
or procedures Poor housekeeping Inadequate or
inadequately improper PPE
guarded
Page 54 of 88
Environmental improper Working on
hazards (excess illumination/Moving on dangerous
noise/ space oval surface equipment
constraint/ inadequate
Ventilation
Basic cause
Root cause
Inadequate
Inadequate Engg Improper Design Planning &
organization
Inadequate knowledge Inadequate skill Inadequate training
Inadequate supervision Improper work Inadequate
procedure compliance with
standard
Substandard performance Inadequate maintenance Improper inspection
Others (specify)
Page 55 of 88
Remarks from Contractor’s Safety Officer/ Engineer –
Was the victim performing relevant tasks for which he was engaged /employed? Yes / No
Was the Supervisor present on work-site during the incident? Yes /No
Have the causes of incident rightly identified? Yes / No
Cause of Accident was
Page 56 of 88
FORMAT NO. : HSE-4
REV0
Incident reported by :
Location :
Page 57 of 88
FORMAT NO. : HSE-5 REV:-0
MONTHLY HEALTH, SAFETY & ENVIRONMENTAL (HSE) REPORT
(To be submitted by each Contractor)
Actual work start Date: Project: Name of the Contractor: Name of Work :
For the Month of: Report No:
Status as on : Job No :
UPTO THIS
PREVIO MONT
ITEM
US H CUMULATIV
MONTH E
1) Average number of Staff & Workmen
(average daily headcount, not man days)
2)Total Man-hours worked
3) Number of Induction programmes conducted
4) Number of HSE meetings organized at site
5) Number of HSE awareness programmes conducted
at site
6) Number of Tool Box Talks conducted
7) Number of Lost Time Accidents Fatal
(LTA)
Other LTA
8) Number of Loss Time Injuries Fatalities
(LTI)
Other LTI
9) Number of Non-Loss Time Accidents
10) Number of First Aid Cases
11) Number of Near Miss Incidents
12) No. of unsafe acts/ practices detected
13) No. of disciplinary actions taken against staff/
workmen
14) Man-days lost due to accidents
15) LTA Free man-hours i.e. LTA free man-hours
counted from the Last LTA (enter date: )
16) Frequency Rate (No. of LTA per 2 lacs man-hours
worked)
17) Severity Rate (No. of man days lost per 2 lacs man-
hours worked)
18) Loss Time Injury Frequency (No. of LTI per 2 lacs
man-hours worked)
19) No. of activities for which HIRAC completed
20) No. of incentives/ awards given
21) No. of occasions on which penalty imposed by
Owner
- Page 58 of 88
22) No. of Audits conducted
23) No. of pending NCs in above Audits
24) Compensation cases raised with Insurance
25) Compensation cases resolved and paid to
workmen
26) No of Vehicular Accident cases
27) No of fire/Explosion cases
28) Whether workmen compensation policy taken Yes No
29) Whether workmen compensation policy is valid Yes No
30) Whether workmen registered under ESI Act, as Yes No
applicable
31) Whether HIRAC Register prepared and updated Yes No
32)Whether Environment Aspect Impact Register Yes No
prepared and updated
33) Whether Legal Register prepared and updated Yes No
Remarks, if any
Date:Prepared by Safety Officer Approved by Site Head / Resident Construction Manager
(Signature and Name) (Signature and Name)
Page 59 of 88
-
FORMAT NO.: HSE-6 REV 0
Page 61 of 88
FORMAT NO.: HSE-7 REV 0
Page 62 of 88
Permit Closure :
-ways
barricadedRemarks, if any:
Page 63 of 88
FORMAT NO.: HSE-9 REV 0
DEMOLISHING/DISMANTLING WORK PERMIT
Project : Sr. No. :
Name of the work : Date :
Name of contractor : Job No. :
S. No.
The following items have been checked &compliance shall be ensured during currency of the
permit:
Permission is granted.
Name :
Date :
Completion report:
Page 64 of 88
Materials/ debris transported to identified location Tagging completed (as applicable)
CONTRACTOR’s NAME
Page 65 of 88
FORMAT NO. : HSE-10 REV 0
Page 66 of 88
Fire extinguishers / fire-buckets are
13. accessible without any difficulty.
14. Stair-steps, platforms & landings are
clear &
tidy
Sheds / rooms & work areas have got
15. sufficient illumination as well as
ventilation
16. Cables / Wires / welding leads are routed
/
hanged appropriately & are not creating
unsafe condition.
17. Stacking / storing of insulation materials
or
their packing.
18. Removal or cleanliness of left-over sand,
concrete, brick-bats, insulation-
materials, excess earth, wastes etc.
19. Storing / stacking of sand, metal chips,
re-
bars, steel pipes, valves, fittings etc.
One escape route at ground & minimum
20. two escape routes at elevation available,
Page 67 of 88
FORMAT NO. : HSE-11 REV 0
(Sheet 2 of 2)
Inspected by Verification By
Contractor Engineer Contractor Safety Officer
Page 68 of 88
FORMAT NO. : HSE-13 REV 0
(Sheet 1 of 2)
Sl. Descripti Yes No N.A. Action
No on s
taken
1 Whether work permit is obtained to take up work at height
above 1.5 Mts?
Whether atmospheric condition is “stormy” or “raining”
2 and works at heights have been permitted?
3 Whether steel pipes scaffoldings are used for units /off-site
areas?
Whether scaffolding has been erected on rigid/firm/leveled
4 surfaces / ground? Whether “foot-seals” or “base-plates” are
used beneath the up-
rights (vertical steel pipes)
Whether scaffold construction is as per IS specification
5 with toe-board and hand-rails (top-rail as well as mid-
rail)?
Whether distance between two successive up-rights are less
6 than 2.5 Mts
(height of scaffold & load carrying capacity governs the
distance between two uprights)
Whether all uprights are extended at least 900 mm above
7 the top most working platform (to enable fitting of
handrails)?
Whether vertical distance of two successive ledgers is
8 satisfactory? (varying between 1.3 Mts. To 2.1 Mts)
Whether the peripheral areas of working at height are
9 cordoned-off? (for avoiding accident to people arising out of
dropped / deflected materials)
10 Whether platform is provided? Is it safely approachable?
Whether end of scaffold platform / board are extended
11 beyond transoms? (125mm to 150 mm)
Whether CE / IS approved quality and worthy conditioned
12 full-body safety
harness (with double lanyard & karabiners) are used while
working at heights?
13 Whether life-line of safety harness is anchored to an
independent secured support capable of withstanding load
of a falling person?
14 Whether the area around the scaffold is cordoned off to
prohibit the entry of
unauthorized person / vehicle?
Whether clamps used are of good condition, of adequate
15 strength and free from defects?
16 Whether ladder is placed at secured and leveled surface?
17 Whether water-pass and oil-spills are avoided around the
Page 69 of 88
scaffold structure?
18 Whether ladder is extended 1.5mts. above the landing point
at height?
19 Whether more than one access/egress provided to the
scaffold?
Whether ladder used are of adequate length and
20 overlapping of short ladders avoided?
21 Whether metallic ladders are placed much away from near-
by electrical
transmission line?
22 Whether rungs of ladder are inspected and found in good
order?
23 Whether fall-arresters provided on both the access/egress
routes?
24 Whether diagonal (cross) bracings are provided at regular
interval on the scaffold?
Whether working platform on the scaffold has been made
25 free from “jolt” or “gap”?
26 Whether tools or materials are removed after completion
of the day’s job at
heights?
Whether a valid Permit for Work (PFW) is obtained before
27 taking up work over asbestos or fragile roof?
28 Whether sufficient precaution is taken while working on
fragile roof?
Page 70 of 88
FORMAT NO. : HSE-13 REV 0
(Sheet 2 of 2)
Sl. Actio
N Descripti Yes No N. A ns
o on take
n
Whether provision is made to arrange duck ladder,
29 crawling board for working on fragile roof?
Whether scaffold has been inspected by qualified civil
30 engineers prior to their use?
Whether the scaffolding has been designed for the load to
31 be borne by the same?
Whether the erection and dismantling of the scaffolding is
32 being done by trained persons and under adequate
supervision?
Whether safety net with proper working arrangement
33 and life-line has been provided?
34 Whether TAGS (Green for acceptable and Red for
incomplete/unsafe
scaffolds) are used on scaffolds?
35 Whether sufficient illumination is provided in and
around the scaffold and access?
36 Whether emergency rescue / response arrangements are
made in place
Inspected by Verification By
Contractor Engineer Contractor Safety Officer
Page 71 of 88
`````
Page 72 of 88
`````
This permit for work shall be available at specific work location all the time.
After completion of work, permit shall be returned to safety cell of main contractor,
without fail.
This Permit shall be issued maximum upto (Monday to Sunday).
Additional Precautions, if any
…………………………………………………………………………………………………………………
ACCORD OF PERMISSION (to be ticked) - YES ( ) / NO ( )
Inspected by Verification By
Contractor Engineer Contractor Safety Officer]
Page 73 of 88
FORMAT NO. : HSE-14 REV 0
(sheet 2 of 2)
Everyday Site working conditions & performance of workmen shall be assessed / checked
by Contractor Site Engr. and Safety Officer shall verify the same.
Page 74 of 88
FORMAT NO. : HSE-17 REV 1
Page 75 of 88
having all the safety features?
Page 76 of 88
PERMIT GRANTED - Yes / No
(List enclosed with name & gate pass numbers.)
Name & Signature of Site Engr. Name & Signature of Area – In charge/RCM of
NOTES: -
1. Slopes or benches for excavation beyond 2.0M depth shall be designed & approved by
Contractor’s site head.
2. Excavated earth to be kept at least 1.5M away from edges
3. Safety helmets, Safety shoes or gum-boots, gloves, goggles, Face shield, Safety
Harness shall be essential PPEs.
4. Permit shall be made in duplicate and original shall be available at site of work.
5. Permit shall be issued for maximum one week only (Monday to Sunday)
6. After completion of works, permit shall be closed & preserved for record purpose
Issuing
Validity Initiator Review by
authority
period (site Engr. Owner
(Area
Sl. From To Working of Main (Remarks
In
No. Time Contractor with date)
charge/RCM
From To )
of
Main
Contractor)
1.
2.
3.
4.
5.
6.
7.
Additional safety
instructions if any: - 1.
2.
3.
Page 77 of 88
FORMAT NO.: HSE-20 REV 0
Page 79 of 88
FORMAT NO. : HSE-21 REV 0
Remarks &
Sr. No. Description Observation
Suggestions
1 Crane hooks have got smooth surface and
no dent
2 Hook-latch / Dog-clamp in hook is
effective
3 Over hoist limit switch
4 Over Load Indicator
5 Over Boom limit switch
6 Boom angle indicator
7 Colour coding
8 Condition of boom
9 Condition of wire rope
Page 80 of 88
23 Reverse horn (For Tyre Mounted Crane)
24 Body Condition of crane
25 Front glass of Operator cabin
Page 81 of 88
FORMAT NO. : HSE-22 REV 0
Page 83 of 88
FORMAT NO. : HSE-23 REV 0
Remarks &
Sr. No. Description Observation Suggestions
Control panel is clean & all
1 buttons/switches are clearly visible (no
paint over spray, etc.)
2 All switch & mechanical guards are in good
condition and properly installed
3 All Safety Indicator lights work
Page 85 of 88
FORMAT NO.: HSE-24 REV 0
Remarks &
Sr. Description Observation Suggestions
No.
Operating and emergency controls are in
1
proper working condition, EMO button or
Emergency Stop Device
Functional upper drive control interlock (i.e.
2
foot pedal, spring lock, or two hand controls)
3 Emergency Lowering function operates properly
Lower operating controls successfully override
4
the upper controls
Both upper and lower controls are adequately
5
protected from inadvertent operation.
Control panel is clean & all buttons/switches
6
are clearly visible (no paint over spray, etc.)
All switch & mechanical guards are in good
7
condition and properly installed
8 All Safety Indicator lights work
Page 86 of 88
20 Outriggers in place or functioning. Associated
alarms working
Tyres and wheels are in good condition, with
21
adequate air pressure if pneumatic
22 Wheel chokes are present and are used whenever
required
23 Moving & rotating parts guarded
25 Fire Extinguisher
Spark Arrestor, if operated by using fuel (For
26
Running Refinery/ Petrochemical/ Chemical
Plant)
27 Serial number plate with Load capacity
28 TPI Certificate
29 Colour Coding
30 Insurance
33 Others
Page 87 of 88
Annexure- IX
(Special Conditions of Contract)
(i) The guidelines of NGT, Environment department and local administration issued from
time to time will be strictly followed by contractor.
(ii) The hours for execution of work will be restricted from 8.00 AM to 6.00 PM with a
break from 1.00 PM to 2.00 PM
(iii) The use of passenger lift will not be permitted for man and material transport. (If Any)
(iv) Treatment of TMT Steel is mandatory at the inception of the Project. (If Any)
(v) Barrication around the construction area is also mandatory.
(vi) The Contractor shall ensure that the work is got executed from the approved applicator
using approved brands of Asian Paints or Berger Paints or Nerolac or Dulux as the case
may be and provide manufacture’s Test certificate and counter corporate guarantee
from management for a period of 6 years.
(vii) Subject to contractor's acceptance, In Case Unitech is unable to make payments to the
contractor in lieu of the work done, Unitech may exercise the option of offering the
unsold inventory of the project at current rates, discounted by 10%, on that particular
day.
Page 88 of 88
TECHNICAL SPECIFICATIONS
‘FRESCO’
AT
SECTOR-50, GURUGRAM”
Page 1 of 4
1. GENERAL
The work in general shall be executed as per the description of the
item, specifications attached and CPWD Specifications (Latest version).
Wherever any reference to any Indian Standard Specifications is made
in the document relating to this contract, the same shall be inclusive of
all amendments issued there to or revision thereof, if any, up to the
date of receipt of tender. The rates quoted by the contractor shall be
inclusive of all items, included in these specifications and special
conditions and nothing extra shall be payable whatsoever unless
otherwise specified.
2. CARRIAGE OF MATERIALS
The carriage and stacking of materials shall be done as per Sub-head
No-1 of CPWD Specifications Volume-1. However, where CPWD
specifications are not available, the work shall be carried out with prior
approval of Engineer in charge.
3. Measurements
Measurements shall be done as per the relevant CPWD
specification/ IS codes. However for HARD ROCK' and SOFT
ROCK/DISINTEGRATED ROCK, following mode shall be followed
for measurement;
Excavated materials from `HARD ROCK' and SOFT
ROCK/DISINTEGRATED ROCK shall be stacked separately,
measurement reduced by 50% to allow for voids to arrive at the
quantity payable under 'hard rock' and 'soft rock' respectively.
The difference between the entire excavation (worked out from
the levels) and such of the quantities payable under 'hard rock'
and 'soft rock/disintegrated rock' shall be paid for as excavation in
all kinds of soil.
Page 2 of 4
Technical Specifications for Civil Works
1. Earth work- The Work shall be carried out as per CPWD Specifications, Volume-I 2019,
Chapter-02 However, where CPWD specifications are not available, the work shall be carried
2. Concrete Work- The Work shall be carried out as per CPWD Specifications, Volume-I
2019, Chapter-04 However, where CPWD specifications are not available, the work shall
3. RCC work- The Work shall be carried out as per CPWD Specifications, Volume-I 2019,
Chapter-05 However, where CPWD specifications are not available, the work shall be
4. Brick/ Block work- The Work shall be carried out as per CPWD Specifications, Volume-I
2019, Chapter-06 However, where CPWD specifications are not available, the work shall
5. Steel work- The Work shall be carried out as per CPWD Specifications, Volume-I 2019,
Chapter-10 However, where CPWD specifications are not available, the work shall be
6. Flooring work- The Work shall be carried out as per CPWD Specifications, Volume-I
2019, Chapter-11 However, where CPWD specifications are not available, the work shall
7. Waterproofing work- The Work shall be carried out as per CPWD Specifications Volume-II
2019, Chapter-22 However, where CPWD specifications are not available, the work shall
Page 3 of 4
Page 4 of 4
LIST OF APPROVED MAKES
NAME OF WORK : External area development ( Boundary Wall, Swimming pool & expansion
joint) works for Fresco at Sector-50, Gurugram”
TENDER DOCUMENT NO. : UL/RE/GRG/Fresco/2023/106
NAME OF CONTRACTOR :
LIST OF APPROVED MAKES
Balance Civil , Structural & Architectural works
Sr. No. Material Name Makes Name
1 Cement
i Ultra Tech
ii Lafarge
iii ACC
iv Ambuja
5 CONCRETE ADMIXTURES
i Fosroc
ii Sikka
iii Basf
iv Pidilite
8 ANCHOR FASTNERS
CHEMICAL FASTENERS
i FISCHER
ii HILTI
Page 1 of 4
NAME OF WORK : External area development ( Boundary Wall, Swimming pool & expansion
joint) works for Fresco at Sector-50, Gurugram”
TENDER DOCUMENT NO. : UL/RE/GRG/Fresco/2023/106
NAME OF CONTRACTOR :
LIST OF APPROVED MAKES
Balance Civil , Structural & Architectural works
Sr. No. Material Name Makes Name
MECHANICAL FASTENERS
i FISCHER
ii HILTI
10 TILE ADHESIVE
i ARDEX ENDURE
ii FERROUSCRETE
iii LATICRETE
iv KERAKOLL
i Kajaria
ii Johnson
iii Nitco
iv RAK
v Asian
Page 2 of 4
NAME OF WORK : External area development ( Boundary Wall, Swimming pool & expansion
joint) works for Fresco at Sector-50, Gurugram”
TENDER DOCUMENT NO. : UL/RE/GRG/Fresco/2023/106
NAME OF CONTRACTOR :
LIST OF APPROVED MAKES
Balance Civil , Structural & Architectural works
Sr. No. Material Name Makes Name
15 SYNTHETIC ENAMEL AND PRIMER
i ASIAN
ii BERGER
iii DULUX
v NEROLAC
18 Screws
i Nettlefold
ii GKW
Page 3 of 4
X1
X2
X3
X7
X8
X9
X10
X11
8.1 M D R I V E W A Y
8.1 M D R I V E W A Y
X12
X13
X15
X16
X17
CAP:-350m3
PUMP ROOM
FIRE TANK
CAP:-200m3
FIRE TANK
CAP:-200m3
T15
X25
1 1
X26
X27
DETAILT B
DETAIL C
Page 1 of 3
300 300 150 25 450
30
260
265
245
150
40
90
100 THK P.C.C.
100 THK HARD CORE
210
HOUSING FOR
LIGHT FIXTURE
150
600
DECK CHILDREN'S POOL DECK SWIMMING POOL DECK WATER FEATURE PAVED
CLIENT:
JOB No:
DRAWING
TITLE: SWIMMING POOL PLAN SCALE
DATE :
DWG No:
PMC:
Page 2 of 3
2M X 2M
PLATFORM
PLANTING
PLANTING
300 X 300
VITRIFIED TILES
(BEIGE COLOR)
300 WIDE
DRAIN
300 WIDE
DRAIN
40THK STONE
COPING
P.V.C GRATING
HOUSING FOR
LIGHT FIXTURE
PLANTING
+1450
B.O.P
+1370
B.O.P
300 X 300
VITRIFIED TILES
(GREY COLOR BANDS)
PROJECT TITLE :
CLIENT:
JOB No:
DRAWING
TITLE: SWIMMING POOL PLAN SCALE
PLAN
DATE :
SCALE 1:100 DWG No:
PMC:
Page 3 of 3